TO 
MY    MOTHER    AND    FATHER,    PIONEERS    IN 


THE  GOVERNMENT  OF 
NORTH  DAKOTA 


BY 

JAMES  E.  BOYLE,  PH.  D. 

PROFESSOR  OF  ECONOMICS  AND  POLITICAL  SCIENCE  IN  THE 
UNIVERSITY  OF  NORTH   DAKOTA 


NEW  YORK  •:•  CINCINNATI  •:•  CHICAGO 

AMERICAN   BOOK  COMPANY 


COPYRIGHT,  1910,  BT 
JAMES  E.  BOYLE 


GOVT.  NO.  DAK. 
E.  P.   5 


PREFACE 

This  book  deals  with  the  government  of  both  the  Nation 
and  the  State. 

There  are  already  many  good  books  dealing  with  civil 
government,  and  a  few  excellent  ones.  Yet  the  author  feels 
justified  in  adding  one  more  book  to  the  list.  This  work 
differs  in  two  important  particulars,  from  the  usual  text- 
book in  civil  government.  In  the  first  place  this  is  not  a 
formal  treatment  of  the  dry  bones  of  the  subject,  on  the  one 
hand,  nor  is  it,  on  the  other  hand,  a  work  on  elementary 
sociology.  Both  extremes  are  carefully  avoided.  Civil  gov- 
ernment is  presented,  however,  with  proper  emphasis  on 
the  political  and  sociological  bearings  of  government.  In 
the  second  place,  the  Federal  principle  of  our  government 
is  given  great  prominence  in  the  treatment  of  the  framework 
of  Federal  and  State  government.  The  two  constitutions, 
Federal  and  State,  are  studied  together,  in  parallel  column. 

A  large  part  of  this  book  deals  with  local  .government. 
In  spite  of  the  many  encomiums  pronounced  on  the  virtues 
of  our  purely  local  government,  all  thoughtful  people  must 
confess  that  here,  only  too  often,  democracy  has  gone  to 
seed.  The  writer  has  attempted  to  point  out  flaws  as  well 
as  virtues  in  our  system  of  government.  On  matters  that 
are  debatable  he  has  endeavored  to  present  both  sides  with 
fairness.  Since  the  book  treats  of  actual  government  as 
well  as  of  the  framework  of  government,  some  attention  is 
given  to  such  subjects  as  legislative  methods,  party  manage- 

257957 


6  PREFACE 

ment,  the  boss,  the  ring,  the  machine,  and  the  larger  reform 
movements,  such  as  primary  elections  and  the  commission 
plan  of  city  government.  Stimulating  quotations  from  the 
world's  greatest  thinkers  are  used  at  the  beginning  of  nearly 
every  chapter  of  the  book.  This  impresses  the  student  with 
the  true  dignity  of  the  subject,  and  energizes  him  with  an 
intelligent  patriotism. 

The  teacher  in  using  this  book  will  find  help  in  the  ques- 
tions on  the  text,  the  questions  suggested  by  the  text,  and 
the  select  bibliography  at  the  close  of  each  chapter.  The 
successful  teacher  will  also  undoubtedly  supplement  the 
book  with  these  two  devices: 

1.  Current  Events.     At  least  once  a  week  a  searching 
review  should  be  made  of  current  events,  selecting  for  the 
purpose  those  events  which  have  political  and  social  sig- 
nificance. 

2.  Scrapbook.     By  all  means  let  the  teacher  see  that  a 
scrapbook  on  civics  is  prepared  by  the  class.     It  should 
contain  things  relating  to  politics  and  civics,  such  as  clip- 
pings from  the   ordinary  newspaper  or  magazine,  pictures 
of  officials,  sample  ballots,  campaign  announcements  and 
posters,   official  messages  and  reports,   news  items  about 
courts,  trials,  proceedings  of  city  councils,  county  commis- 
sioners' proceedings,  educational  statistics,  etc.     The  ma- 
terial should  be  arranged  in  the  same  order  as  the  subjects 
treated  in  this  book,  as  shown  by  the  table  of  contents.     A 
suitable  scrapbook  can  be  procured  from  any  local  dealer 
at  a  very  small  cost.     One  large  scrapbook  may  be  used  by 
the  entire  class,   or  smaller  scrapbooks  by  the  individual 
members  of  the  class.     If  this  collection  is  carefully  compiled, 
each  year  will  see  a  good  up-to-date  scrapbook  added  to  the 
school  library.      Teacher  and  pupils  should  cooperate  in 


PREFACE  7 

filling  this  scrapbook.  Back  numbers  of  such  a  scrapbook 
would  soon  acquire  real  value  as  records  of  political  history, 
local,  State,  and  National. 

The  author  takes  this  occasion  to  acknowledge  his  debt 
of  gratitude  to  those  who  by  friendly  advice  and  criticism 
have  helped  in  the  preparation  of  this  work.  In  this  way 
Dean  Joseph  Kennedy  of  Teachers'  College,  University  of 
North  Dakota,  has  been  of  true  service.  Especial  mention 
must  be  made  of  Dr.  M.  Jacobstein,  of  the  Department  of 
Economics  and  Political  Science  of  the  same  University,  who 
by  his  sustained  interest  in  the  work  and  by  his  repeated 
criticisms  and  scholarly  suggestions,  has  done  much  to  im- 
prove the  quality  of  the  book.  For  the  imperfections  of  the 
book,  however,  the  author  desires  to  accept  the  full  responsi- 
bility. 

Acknowledgment  should  also  be  made  to  various  pub- 
lishers for  permission  to  quote  from  their  publications  named 
below.  From  Bryce's  "The  American  Commonwealth,"  a 
complete  edition  of  which  is  published  and  copyrighted  by 
The  Macmillan  Company;  Hart's  "  Actual  Government/'  pub- 
lished by  Longmans,  Green  &  Co. ;  Harrison's  "  This  Country 
of  Ours,"  by  Charles  Scribner's  Sons;  the  "Century  Maga- 
zine "  and  Fairlie's  "  Local  Government,"  by  The  Century 
Co.;  Dunn's  "Community  and  the  Citizen,"  by  D.  C.  Heath 
&  Co.;  McVey's  "Government  of  Minnesota,"  by  The  Mac- 
millan Company;  Wilson's ."  Congressional  Government,"  by 
Houghton  Mifflin  Company. 

JAMES  ERNEST  BOYLE. 
University  of  North  Dakota, 

Grand  Forks,  North  Dakota. 


CONTENTS 

PART  I 
THE  NATURE  AND  PRINCIPLES  OF  GOVERNMENT 

PAGE 

CHAPTER  I.  NATURE  OF  GOVERNMENT  AND  THE  STATE     ...     15 
Necessity  of  Government.     The  State.     Rights  and  Duties  of 
Citizens.     The  Origin  of  the  State.     Importance  of  the 
Family.     Civil  Government  and  Civics. 

CHAPTER  II.  KINDS  OF  GOVERNMENT 20 

Classification.  Monarchy:  Subdivisions.  Aristocracy.  De- 
mocracy: Two  Kinds.  Miscellaneous  Doctrines  of  Gov- 
ernment: Communism;  Socialism;  Nihilism;  Anarchy. 
Branches  of  Government:  Legislative;  Executive;  Judicial. 
The  Constitution.  Federal  Principle.  Summary. 

PART  II 
RISE  OF  AMERICAN  INSTITUTIONS 

CHAPTER  III.  SOURCES   OF  AMERICAN  INSTITUTIONS     ...     30 
English  Background:   English  Precedents  of  Free  Govern- 
ment; Magna  Charta;  Representative  Government;  Com- 
mon Law;  Summary. 

CHAPTER  IV.  GROWTH  OF  AMERICAN  INSTITUTIONS    ....     38 
Introductory.     Town  Meeting.     Colonial  Governments.     Op- 
pressions.    Union:  Preliminary  Steps;  Stamp  Act  Congress; 
First  Continental  Congress;  Second  Continental  Congress. 
The  Confederation.     The  Constitution.     Appendix    with 
Complete  List  of  Delegates  to  the  Constitutional  Conven- 
tion, Those  Signing  the  Constitution,  Those  Refusing  to 
Sign,  and  Those  Refusing  to  Attend. 
8 


CONTENTS 


PART  III 

PAGE 

THE  FEDERAL  CONSTITUTION  OR  FRAMEWORK  OF 
GOVERNMENT 

CHAPTER  V.  ANALYSIS  OF  THE  FEDERAL  CONSTITUTION     .     .     53 
The  Federal  System.     Preamble.     Legislative  Branch.    Ex- 
ecutive Branch.    Judicial  Branch.    The  States  and  Terri- 
tories.    Miscellaneous  Provisions.     Ratification.     Amend- 
ments. 

PART  IV 
THE  FEDERAL  GOVERNMENT  IN  ACTION 

CHAPTER  VI.  THE  EXECUTIVE  :  THE  PRESIDENT 59 

Introductory.  Nomination  of  President.  Election:  Some 
Results '  of  the  Electoral  College.  Qualifications.  Term. 
Salary.  Presidential  Succession.  Powers  and  Duties. 
Military;  Treaty-making;  Pardoning;  Appointing;  Leg- 
islative. Impeachment.  Vice  President. 

CHAPTER  VII.  THE  EXECUTIVE  (CONTINUED)  :  THE  DEPART- 
MENTS     76 

The  Cabinet.  Appointment.  Removal.  Salary.  State. 
Diplomatic  Service;  Consular  Service.  Treasury.  War. 
West  Point.  Justice.  Post  Office:  Organization  of  De- 
partment; Free  Delivery;  Money  by  Mail;  Telegraph. 
Navy:  Annapolis.  Interior:  Public  Lands;  Indians;  Pen- 
sions; Patents;  Education;  Geological  Survey.  Agricul- 
ture: Weather  Bureau;  Forestry;  Good  Roads;  Pure  Food; 
Information.  Commerce  and  Labor:  Corporations;  Labor; 
Manufactures;  Fisheries;  Census.  Separate  Commissions 
and  Officers. 

CHAPTER  VIII.  THE  SENATE 99 

Composition.    Work.    Committees.    Influence.    Summary. 

CHAPTER  IX.  THE  HOUSE  OF  REPRESENTATIVES 106 

Composition.  House  at  Work.  Speaker.  Committee  Sys- 
tem. 


10  CONTENTS 

PAGE 

CHAPTER  X.  CONGRESS 113 

Long  and  Short  Sessions.  Powers,  Express  and  Implied: 
Taxing;  Commercial;  Territorial;  Panama  Canal  Zone; 
Miscellaneous  Powers.  Prohibitions  on  Congress.  Process 
of  Lawmaking.  Committee  System.  Summary.  Freedom 
of  Debate.  Record.  Output  of  Legislation. 

CHAPTER  XI.  THE  FEDERAL  JUDICIARY 128 

Federal  Courts.  Federal  Judges.  Supreme  Court.  Circuit 
Courts  of  Appeals.  Circuit  Courts.  District  Courts.  Court 
of  Claims.  Jurisdiction  of  Federal  Courts.  Equity.  Court 
Officers.  Workings  of  the  Courts. 

CHAPTER  XII.  PUBLIC  FINANCE,  MONEY,  AND  BANKING     .     .   139 
Public    Finance.      Expenditures:     Objects    of.      Revenue: 
Sources  of.    Who  Pays  the  Federal  Tax?    Criticisms.    Cost 
of    Collection.      Debt.       Subtreasury    System.       Money. 
Currency.    National  Banking  System:  Weakness  of.  t 

CHAPTER  XIII.  THE  NATION  AND  THE  STATES       155 

Guarantee  of  Republican  Government.  Invasion  or  Domes- 
tic Violence.  Interstate  Comity.  Extradition  of  Criminals. 
Public  Domain.  Disposal  by  Gifts;  by  Sale.  Survey. 
Division  of  Powers  Between  Nation  and  States.  Protec- 
tion to  Person  and  Property.  Police  Power. 

PART  V 
THE  STATE  CONSTITUTION  OR  FRAMEWORK  OF  GOVERNMENT 

CHAPTER  XIV.  ANALYSIS  OF  THE  CONSTITUTION  OF  NORTH 

DAKOTA 171 

The  Constitution,  Four  Parts:  (I)  Preamble;  (II)  Bill  of 
Rights;  (III)  Constitution  Proper,  Legislative  Branch,  Ex- 
ecutive Branch,  Judicial  Branch,  Future  Amendments, 
Elective  Franchise,  Corporations,  Education,  Schools  and 
Public  Lands,  County  and  Township  Organization,  Rev- 
enue and  Taxation,  Public  Debt  and  Public  Works,  Militia, 
Impeachment  and  Removal,  Miscellaneous,  Prohibition; 
(IV)  Amendments. 


CONTENTS  11 

PART  VI 
THE  STATE  GOVERNMENT  IN  ACTION 

PAGE 

CHAPTER  XV.  HISTORICAL 183 

Location  and  Area.  Topography.  Climate.  Resources. 
Native  Inhabitants.  Exploration.  Settlement.  Dakota 
Territory.  Enabling  Act.  Constitutional  Convention. 
State  of  North  Dakota.  Amendments  to  Constitution. 
Growth  of  State. 

CHAPTER  XVI.  THE  EXECUTIVE 201 

The  Chief  Executive.  Powers  and  Duties  of  Governor:  Leg- 
islative; Executive  (Appointing,  Military,  Law  Enforce- 
ment); Social;  Miscellaneous.  Lieutenant  Governor. 

4 

CHAPTER  XVII.  THE    EXECUTIVE     (CONTINUED)  :    DEPART- 
MENTS AND  INSTITUTIONS       208 

Executive  and  Administrative  Departments.  Eight  Execu- 
tive Departments.  State.  Auditor.  Treasurer.  Educa- 
tion. Insurance.  Railroads.  Law.  Agriculture  and  La- 
bor. Boards  and  Commissions.  State  Institutions. 

CHAPTER  XVIII.  THE  LEGISLATURE 220 

Members!  Qualifications.  Quality.  Prohibitions  on  Legis- 
lation. Organization  of  Two  Houses.  Methods  of  Passing 
a  Bill.  Rules.  Lobby.  Enacting  Clause.  Emergency 
Clause.  Impeachment.  Output  of  Legislation.  Growing 
Complexity  of  Legislation.  Legislative  Reference  Library. 

CHAPTER  XIX.  THE  JUDICIARY 229 

Courts.    Supreme.    District.    Local. 

CHAPTER  XX.  ADMINISTRATION  OF  JUSTICE       .     .     .     .     .     .  234 

Principles.  Local  Courts:  Justice  of  Peace  Courts;  Police 
Court;  County  Court.  District  Courts.  Writs  of  Habeas 
Corpus;  Mandamus;  Injunction;  Quo  Warranto.  Supreme 
Court.  Jury  System:  Grand  Jury;  Petty  Jury.  Criticism 
of  Jury  System.  Judicial  Procedure:  Criminal  Action; 
Civil  Action.  New  Trial  and  Appeal.  Declaring  Statutes 
Void. 


12  CONTENTS 

PAGE 

CHAPTER  XXI.  LOCAL    GOVERNMENT:    COUNTY,    TOWNSHIP, 

VILLAGE 249 

Organs  and  Functions.  The  County.  County  Commissioners. 
County  Officers:  Auditor;  Treasurer;  Sheriff;  Clerk  of 
Court;  Register  of  Deeds;  State's  Attorney;  Judge;  Super- 
intendent of  Schools;  Public  Administrator;  Coroner;  Sur- 
veyor; Minor  Officers.  Township.  Officers  and  Duties. 
Village.  Officers  and  Duties.  Functions  of  Local  Govern- 
ment. Education.  Public  Health.  Finance  and  Taxation. 
Good  Roads.  Police  and  Justice.  Charity:  Methods  of 
Poor  Relief,  Indoor  and  Outdoor.  Poor  Farm.  County 
Hospital. 

CHAPTER  XXII.  THE  CITY 278 

Forms  of  City  Government.  Mayor  and  Council  Plan.  The 
Commission  Plan.  Analysis  and  Comparison  of  Two  Plans. 

I 

CHAPTER  XXIII.  ELECTIONS  AND  POLITICAL  PARTIES  .  .  .  288 
Nominations.  Need  of  Nominations.  Methods  of  Nomina- 
tion: Caucus  and  Convention  System  (Boss,  Ring,  Ma- 
chine); Primary  Election  System  (Primary  Election  Law, 
Nonpartisan  Judiciary  Ballot);  Independent  Nominations. 
The  Campaign.  The  Election. 

CHAPTER  XXIV.  REVENUE  AND  EXPENDITURE  .  .  .  .  .  297 
Introductory.  Expenditures:  Limits;  Objects;  Expenditures 
Classified.  Revenue:  Sources  of,  Classified;  United  States, 
Investments,  Interest,  Land,  Industries,  Fines,  Fees,  Tax- 
ation. Kinds  of  taxes:  General  Property;  Corporation  Tax; 
Inheritance  Tax.  Debt. 

CHAPTER  XXV.  EDUCATION        308 

State  Educational  System.  School  District.  Flags.  Free 
Textbooks.  School  Board.  State  High  School  Board. 
The  Teacher.  Teachers'  Institute.  Branches  Taught.  The 
Pupil.  The  Support  of  Schools:  Taxation;  State  Tuition 
Fund;  Borrowing;  Permanent  School  Fund. 

APPENDIX  A.  ARTICLES  OF  CONFEDERATION i 

APPENDIX  B.  CONSTITUTION  OF  THE  UNITED  STATES  ix 


CONTENTS  13 

PAGE 

APPENDIX  C.  ENABLING  ACT       xxiv 

APPENDIX  D.  CONSTITUTION  OF  THE  STATE  OF  NORTH  DA- 
KOTA   xxxv 

APPENDIX  E.  STATE  EXECUTIVE  AND  ADMINISTRATIVE  OFFI- 
CERS, BOARDS,  AND  COMMISSIONS Ixxix 

APPENDIX  F.  TABLES  OF  TENTH  AND  ELEVENTH  LEGISLATIVE 
ASSEMBLIES  OF  NORTH  DAKOTA,  SHOWING  OCCUPA- 
TION, NATIVITY,  EDUCATION,  AND  PARTY,  OF  MEM- 
BERS   Ixxxiii 

APPENDIX  G.  SIXTY-FIRST  CONGRESS  AND  ELECTORAL  VOTE 

OF  THE  STATES Ixxxv 

INDEX      .          .  .  Ixxxvii 


To  THE  READER: 

Let  us  get  acquainted  before  you  read  further.  This  book 
does  not  tell  you  all  about  civil  government.  In  fact,  you 
will  learn  but  very  little  about  civil  government  from  this 
book  or  from  any  other  book.  Your  teacher  or  your  father 
has  learned  very  little  civics  from  any  one  book.  Yet  the 
textbook  is  a  very  useful  thing,  in  fact  an  almost  indispensa- 
ble thing.  It  will  introduce  you,  day  by  day,  to  the  things 
that  are  really  significant  in  our  government,  to  the  principles 
underlying  and  explaining  our  institutions,  and  to  the  tend- 
encies and  changes  now  at  work.  You  are  living  to-day, 
now,  in  the  midst  of  Federal,  State,  and  local  government 
activities.  A  full  systemized  knowledge  of  these  activities 
constitutes  a  full  knowledge  of  civil  government.  This  book 
is  merely  a  laboratory  guide  to  these  activities.  Used  in 
this  way  it  will  prove  helpful  to  you.  You  are  urged,  there- 
fore, to  keep  a  scrapbook  or  some  similar  classified  collection 
of  materials  relating  to  civil  government.  You  are  urged 
to  cultivate  a  scholarly  and  discriminating  interest  in  current 
events. 

There  are  two  unsettled  questions  in  civics  which  this 
book  cannot  answer  and  does  not  try  to  answer.  They  are, 
(1)  To  what  extent  should  the  administration  of  local  gov- 
ernment be  centralized  under  State  control?  (2)  To  what 
extent  should  the  Federal  government  be  given  centralized 
control  over  activities  now  administered  by  the  State? 

If  you  can  answer  these  questions  aright  you  will  be  an 
intelligent  voter. 

Sincerely  yours, 

THE  AUTHOR. 


14 


PART  I 
THE  NATURE  AND  PRINCIPLES  OF  GOVERNMENT 

CHAPTER  I 
NATURE  OF  GOVERNMENT  AND  THE  STATE 

"  Man  is  by  nature  a  political  animal.  ...  A  social  instinct  is  im- 
planted in  all  men  by  nature,  and  yet  he  who  first  founded  the  state  was 
the  greatest  of  benefactors.  For  man,  when  perfected,  is  the  best  of 
animals,  but,  when  separated  from  law  and  justice,  he  is  the  worst  of  all; 
since  armed  injustice  is  the  more  dangerous,  and  he  is  equipped  at  birth 
with  the  arms  of  intelligence  and  with  moral  qualities  which  he  may  use 
for  the  worst  ends.  Wherefore,  if  he  have  not  virtue  he  is  the  most  un- 
holy and  the  most  savage  of  animals,  and  the  most  full  of  lust  and 
gluttony.  But  justice  is  the  bond  of  men  in  states,  and  the  administra- 
tion of  justice,  which  is  the  determination  of  what  is  just,  is  the  principle 
of  order  in  political  society."  ARISTOTLE,  "  Politics,"  I,  2. 

Necessity  of  Government. — Over  two  thousand  years 
ago  one  of  the  world's  greatest  thinkers  described  man  as  a 
"political  animal."  Man  is  indeed  one  of  the  most  social 
of  all  beings;  the  greater  part  of  the  life  of  most  men  is  spent 
in  daily  contact  with  the  lives  of  other  human  beings.  To 
such  an  extent  is  this  true  that  persons  forced  by  their 
occupations  to  live  alone  in  remote  regions,  such  as  sheep 
herders,  have  often  become  insane  from  sheer  loneliness. 
In  all  ages  persons  who  have  chosen  to  live  by  themselves 
in  out-of-the-way  places,  and  apart  from  other  men,  have 
been  looked  upon  as  peculiar  beings,  to  say  the  least. 

15 


16      THE  NATURE  AND  PRINCIPLES  OF  GOVERNMENT 

Men  naturally  associate  with  one  another,  forming  a  re- 
lationship which  is  called  society.  The  study  of  the  nature 
and  development  of  this  relationship  is  sociology  or  social 
science.  Since  men  associating  with  one  another  do  not 
always  know  what  is  the  right  thing  to  do,  or  are  not  willing 
to  do  the  right  thing,  disputes  and  conflicts  arise.  There 
are,  unfortunately,  both  fools  and  knaves  in  the  world. 
And  thus,  since  men  are  not  perfectly  wise  or  are  not  mor- 
ally perfect,  there  must  be  in  every  association  some  rules 
to  govern  conduct  and  some  power  to  enforce  these  rules. 
The  act  of  making  and  enforcing  rules  is  called  government. 
Every  one  is  familiar  with  such  terms  as  family  govern- 
ment, church  government,  and  school  government.  Doubt- 
less the  four  greatest  social  institutions  produced  by  all  the 
civilization  of  the  past  are  the  family,  the  church,  the  school, 
and  the  state.  Each  has  its  own  peculiar  government,  and 
yet  the  state  includes  all  these  institutions  in  itself,  and 
makes  rules  for  the  protection  and  preservation  of  them  all. 
It  is  with  the  government  of  the  state  that  this  book  deals. 

The  State. — A  state,  in  the  sense  here  used,  is  an  inde- 
pendent body  of  politically  organized  people,  occupying  a 
definite  territory.  There  are  four  elements — persons,  terri- 
tory, organization,  independence.  The  power  of  the  state, 
exercised  through  the  government  of  the  state,  must  be  the 
supreme  power  within  the  territory  of  the  state ;  the  posses- 
sion of  such  power  is  called  sovereignty.  For  example,  the 
United  States  is  a  state;  and  so  are  France,  Italy,  and 
Mexico.  The  various  "States"  of  the  United  States,  as 
New  York  and  Minnesota,  are  not  quite  real  states,  because 
they  do  not  possess  complete  sovereignty. 


NATURE  OF  GOVERNMENT  AND  THE  STATE  17 

Rights  and  Duties  of  Citizens.— Members  of  a  state 
are  called  citizens.  Every  individual  has  certain  duties 
and  certain  rights;  but  the  individual's  perception  of  his 
rights  is  always  much  clearer  and  keener  than  his  percep- 
tion of  his  duties.  A  right  may  be  defined  as  that  which 
any  one  is  entitled  to  have,  or  to  do,  or  to  require  from 
others  within  the  limits  prescribed  by  law.  A  duty,  on  the 
other  hand,  is  that  which  any  one  owes  to  others,  or  which 
is  required  of  any  one  within  the  limits  of  the  law.  In  brief, 
we  may  say,  a  right  is  what  others  owe  us ;  a  duty  is  what  we 
owe  others.  Thus  rights  and  duties  are  reciprocal.  As  a 
citizen,  the  individual  has  certain  political  and  civil  rights, 
as  they  are  called.  We  may  classify  the  rights  of  a  citizen 
as  follows: 

(1)  The  right  of  protection  to  life,  liberty,  and  property. 

(2)  The  right  to  share  in  all  that  the  state  does  for  the 
individual.    This  includes  the  right  to  an  education  at  state 
expense;  a  right  to  use  the  public  roads,  and  to  ride  on  rail- 
roads at  the  legal  fare ;  in  case  the  citizen  is  unable  to  care 
for  himself,  a  right  to  be  kept  from  starvation;  if  he  goes 
insane,  a  right  to  the  shelter  of  a  public  asylum. 

(3)  The  right  of  the  citizen  who  is  a  voter  to  take  part  in 
the  government,  as  by  voting  and  holding  office. 

The  duties  of  the  citizen  correspond  to  the  rights.  They 
are  classified  as  follows: 

(1)  The  duty  to  obey  the  law,  Federal,  State,  and  local. 

(2)  The  duty  to  do  military  service. ,  This  is  a  duty  of 
every  able-bodied  male  citizen,  and  may  mean  the  laying 
down  of  the  citizen's  life  for  the  protection  of  the  life  of  the 

state. 

Govt.  No.  Dak.— 2 


18    THE  NATURE  AND  PRINCIPLES  OF  GOVERNMENT 

(3)  The  duty  of  citizens  who  are  voters  to  take  part  in 
public  elections. 

The  Origin  of  the  State. — Investigators  have  tried 
to  discover  the  beginnings  of  the  state.  The  earliest  form 
of  government  discovered  is  that  of  the  family,  and  hence 
the  family  is  looked  upon  as  the  germ  of  the  state.  The 
family  is  an  embryo  state.  The  primitive  family  supplied 
all  the  needs  of  all  its  members.  Then  the  state  arose,  from 
the  enlarged  family,  to  supply  many  of  these  needs.  To-day 
we  find  the  state  doing  more  and  more  to  protect  the  life 
and  health  and  property  of  its  members,  to  supply  their 
desire  for  knowledge,  and  to  promote  and  satisfy  the  social 
desire  for  righteousness  and  beauty. 

Importance  of  the  Family. — "  Although,  as  a  community 
grows,  various  means  may  arise  to  help  the  family  to  pro- 
vide for  the  wants  of  its  members,  the  family  must  always 
bear  an  important  part  of  the  responsibility  for  the  welfare 
of  its  members.  No  matter  how  good  the  doctors,  the 
health  of  the  people  in  any  community  depends  more  on 
the  family  than  on  anything  else.  No  matter  how  efficient 
the  schools,  a  great  responsibility  rests  on  the  family  for  the 
proper  education  of  the  children.  No  matter  how  many 
social  organizations  there  may  be  in  the  community,  the 
social  life  of  the  home  is  the  most  important  of  all.  .  .  . 
No  matter  how  excellent  the  government  of  a  community 
may  be,  it  can  have  little  good  results  if  the  government  in 
the  home  is  lacking.  The  surest  way  to  secure  good  govern- 
ment in  the  community  is  through  careful  government  in 
the  homes  that  make  up  the  community." 1 

1  Dunn,  "  The  Community  and  the  Citizen,"  p.  24. 


NATURE  OF  GOVERNMENT  AND  THE  STATE          19 

Civil  Government  and  Civics. — Civil  government  means 
that  institution  or  aggregate  of  institutions  by  which  a 
state  exercises  its  authority  over  its  citizens.  The  science 
which  treats  of  civil  government  is  commonly  known  as 
civics. 

QUESTIONS  ON  THE  TEXT 

1.  Is  man  by  nature  social  or  nonsocial?    Explain  your  meaning. 

2.  What  is  society?     Sociology? 

3.  What  is  government?     Why  is  it  necessary? 

4.  Name,  some  familiar  forms  of  government. 

5.  What  are  our  four  greatest  social  institutions? 

6.  What  ft  the  state? 

7.  Who  are  citizens? 

8.  Define  rights;  duties. 

9.  Name  the  principal  political  and  civil  rights;  duties. 

10.  What  is  the  probable  origin  of  the  state? 

11.  How  may  the  family  help  the  state?     Injure  the  state? 

12.  Define  civil  government;  civics. 

QUESTIONS  SUGGESTED  BY  THE  TEXT 

1.  Why  is  man  called  a  "political  animal"? 

2.  Which  comes  first  in  history,  government  or  the  state? 

3.  What  ancient  Hebrew  family  developed  first  into  tribes  and 

then  into  a  state  or  nation? 

4.  Which  is  more  important  to  the  individual,  the  family  or  the 

state? 

REFERENCES 

Small  and  Vincent,  "Introduction  to  the  Study  of  Society,"  pp. 

23-98. 

Dunn,  "The  Community  and  the  Citizen,"  pp.  1-33. 
Coulanges,  "The  Ancient  City,"  pp.  49-153. 
Wilson,  "The  State,"  pp.  1-15. 
Allen,  "Civics  and  Health,"  pp.  3-22. 


CHAPTER   II 

KINDS  OF  GOVERNMENT 

"They  [the  political  institutions  of  the  United  States]  represent  an 
experiment  in  the  rule  of  the  multitude,  tried  on  a  scale  unprecedentedly 
vast,  and  the  results  of  which  every  one  is  concerned  to  watch.  And 
yet  they  are  something  more  than  an  experiment,  for  they  are  believed 
to  disclose  and  display  the  type  of  institutions  towards  which,  as  by  a 
law  of  fate,  the  rest  of  civilized  mankind  are  forced  to  move,  some  with 
swifter,  others  with  slower,  but  all  with  unresting  feet."  BRYCE, 
"American  Commonwealth,"  Vol.  I,  p.  1. 

"  Society  is  marching  with  long  strides  towards  democracy.  ...  Is 
it  a  good?  Is  it  an  evil?  I  know  little  enough;  but  it  is,  in  my  opinion, 
the  inevitable  future  of  humanity."  CAVOUB. 

Classification. —  There  are  three  classes  of  governments, 
based  on  three  forms  of  so  vereignty .  They  are  ( 1 )  Monarchy , 
government  by  one  person,  (2)  Aristocracy,  government  by 
the  few,  and  (3)  Democracy,  government  by  the  many. 

1.  Monarchy. — A  monarchy  is  a  government  by  one 
person,  or  a  state  so  governed.  The  monarch — that  is,  the 
person  in  whom  is  the  sovereignty — may  be  called  king, 
emperor,  czar,  sovereign,  sultan,  shah,  or  may  have  some 
other  title.  Monarchies  are  classified  in  two  ways:  first,  as 
to  the  power  of  the  ruler;  and  second,  as  to  the  succession 
of  rulers. 

Division  of  Monarchies  as  to  Power. — With  respect  to 
power,  monarchies  are  divided  into  two  classes:  Absolute 

Monarchies,  and  Limited  Monarchies. 

20 


KINDS  OF  GOVERNMENT  21 

A.  Absolute   Monarchy. — An   absolute   monarchy    is   a 
monarchy  in  which  the  authority  of  the  ruler  is  not  limited 
by  a  constitution  or  by  any  other  principles  of  government. 
Such  a  government  may  be  tempered  by  the  ruler's  wisdom 
and  benevolence,  or  only  by  his   fear  of  assassination. 
Russia  and  Turkey,  up  to  a  few  years  ago,  were  such  govern- 
ments.   Autocracy  and  despotism  are  other  names  applied 
to  this  form  of  government. 

(a)  Tyranny. — In  the  ancient  Greek  states,  an  absolute 
ruler  who  came  to  the  throne  illegally,  whether  he  gave  a 
good  or  a  bad  government,  was  known  as  a  tyrant,  and  his 
government  was  called  a  tyranny.    These  terms  are  now 
used,  like  despot  and  despotism,  of  any  absolute  ruler  and 
his  government. 

(b)  Theocracy. — A  government  in  which  the  supreme  au- 
thority comes  direct  from  God  is  called  a  theocracy.    Thus 
Moses  received  the  Law  from  God  on  Mount  Sinai,  and 
hence  the  Jewish  government  at  this  time  was  a  theocracy. 

(c)  Patriarchy. — A  patriarchal  form  of  government  is  one 
in  which  the  father  or  head  of  the  family  is  the  sovereign. 
Abraham  is  the  best  example  of  a  patriarch.    His  "  family  " 
was  a  large  one,  corresponding  somewhat  to  the  tribe  of 
other  nations. 

B.  Limited  Monarchy.  —  A  limited  monarchy  is  by  far 
the  more  common  form  of  monarchy  to-day,  despotism 
being  doomed  to  die  out  among  mankind.    We  may  define 
a  limited  monarchy  as  one  in  which  the  authority  of  the  ruler 
is  limited  by  a  constitution.    Indeed,  this  form  of  govern- 
ment is  commonly  spoken  of  as  constitutional  government. 
The  revolutions  of  the  past  few  years  in  Russia,  Turkey, 


22    THE  NATURE  AND  PRINCIPLES  OF  GOVERNMENT 

Persia,  and  elsewhere  were  intended  to  bring  about  con- 
stitutional government.  So  also  were  the  historic  revolu- 
tions of  1848  in  Europe.  Frederick  William  IV,  absolute 
ruler  of  Prussia  at  this  time,  declared  to  his  people  who 
were  asking  for  a  constitution,  that  no  power  on  earth 
should  ever  induce  him  to  allow  "to  come  between  Al- 
mighty God  in  heaven  and  this  land  a  blotted  parchment, 
to  rule  us  with  paragraphs,  and  to  replace  the  ancient, 
sacred  bond  of  loyalty." 

Germany,  Austria,  Italy,  Spain,  Denmark,  Norway, 
Sweden,  and  many  other  states  are  limited  monarchies. 
In  Great  Britain  the  king's  authority  is  so  narrowly  lim- 
ited that  the  government  is  a  monarchy  in  name  only.  The 
British  constitution  leaves  nearly  all  power  in  the  hands  of 
the  people  and  their  representatives,  the  House  of  Com- 
mons. For  this  reason  we  sometimes  hear  England  spoken 
of  as  the  greatest  republic  on  earth. 

Division  of  Monarchies  as  to  Succession. — With  ref- 
erence to  the  ruler's  title  to  his  throne,  monarchies  are  of 
two  classes:  Hereditary,  and  Elective. 

A.  Hereditary. — An  hereditary  monarchy  is  one  in  which 
the  sovereign  obtains  his  title  to  the  throne  by  birth.    The 
usual  rule  of  inheritance  is  from  the  father  to  his  eldest  son. 
Thus  Edward  VI  of  England,  though  a  mere  boy,  succeeded 
to  the  throne  of  his  father  Henry  VIII,  in  preference  to  his 
older  sisters,  Mary  and  Elizabeth.    If  there  is  no  son,  the 
throne  usually  goes  to  the  eldest  daughter.    Nearly  all  the 
monarchies  of  the  world  are  hereditary  monarchies. 

B.  Elective. — An  elective  monarchy  is  one  in  which  the 
ruler  is  chosen  by  the  people  or  by  a  class  of  the  people. 


KINDS  OF  GOVERNMENT  23 

Thus  at  one  time  the  nobles  of  the  kingdom  of  Poland  chose 
the  king.  The  kings  of  the  early  Germans  in  the  days  of 
Tacitus  were  also  elected.  There  have  been  but  few  such 
monarchies. 

2.  Aristocracy. — An  aristocracy  is  a  form  of  govern- 
ment, or  a  state,  in  which  the  authority  to  rule  is  in  the 
hands  of  a  few  persons.    These  few  constitute  a  class,  and 
derive  their  exalted  position  from  their  birth,  wealth,  or 
power.    The  word  aristocracy  signifies  government  by  the 
best.    When  a  few  rule  and  the  resulting  government  is 
oppressive,  it  is  sometimes  called  an  oligarchy,  a  perverted 
form  of  aristocracy.    Venice,  Florence,  and  other  Italian 
cities  during  the  Middle  Ages  were  good  examples  of  an 
aristocracy,  each  of  these  cities  being  governed  by  a  few 
powerful  families. 

3.  Democracy. — A  democracy  is   a   form    of  govern- 
ment, or  a  state,  in  which  the  sovereignty  or  supreme  power 
is  in  the  hands  of  the  people.    There  are  two  kinds  of  de- 
mocracies: Pure  Democracies,  and  Representative  Democ- 
racies or  Republics. 

A.  Pure  Democracy. — A  pure  democracy  is  one  in  which 
the  people  themselves,  and  not  their  representatives,  meet 
together  and  carry  on  government.  A  New  England  town 
meeting  is  a  noted  example  of  a  pure  democracy  in  local 
affairs.  The  North  Dakota  township  meeting  may  be  called 
the  same.  Some  small  cantons  in  Switzerland  still  practice 
this  form  of  government  in  local  matters.  It  is  evidently 
possible  for  a  very  small  community  only  to  express  its 
will  in  this  direct  way.  In  America  the  school  district, 
township,  or  village  is  the  only  unit  where  it  is  feasible  for 


24    THE  NATURE  AND  PRINCIPLES  OF  GOVERNMENT 

all  the  people  to  meet  in  public  assembly  and  exercise  their 
will  on  all  questions  confronting  them.  It  is  for  this  reason 
that  a  representative  government,  or  republic,  becomes 
necessary. 

B.  Representative  Democracy,  or  Republic. — A  repub- 
lic is  a  state  in  which  representatives  of  the  people,  and  not 
the  people  themselves,  carry  on  government.  The  United 
States  is  a  good  example  of  a  republic.  The  citizens  elect 
representatives  to  whom  is  delegated  the  government  of  the 
country.  The  State  of  North  Dakota  likewise  has  a  repub- 
lican form  of  government,  and  for  the  same  reason.  We 
may  add  that  even  the  city  and  county,  being  organized 
largely  after  the  pattern  of  the  State  and  Nation,  have  also 
a  republican  form  of  government  in  their  local  affairs.  But 
the  township  in  North  Dakota,  as  said  before,  like  the  New 
England  town,  has  a  purely  democratic  government  in  its 
local  affairs,  since  here  the  voters  assemble  and  decide -ques- 
tions of  highway  improvements  for  the  year,  poor  relief, 
and  various  other  matters  of  local  interest,  and,  finally,  tax 
themselves  to  pay  for  this  government.  Here  indeed  do  we 
discover  the  simplest  test  of  a  democracy.  Are  we  taxed  by 
our  representatives?  then  'our  government  is  republican. 
Do  we  tax  ourselves?  then  our  government  is  a  pure  de- 
mocracy. 

The  leading  republics  besides  our  own  are  France,  Mex- 
ico, and  the  several  states  of  South  America. 

Miscellaneous  Doctrines  of  Government. — In  addi- 
tion to  the  three  foregoing  forms  of  government  there  are 
four  kinds  of  " government"  which  exist  in  theory,  but  no- 
where on  a  large  scale  in  practice.  They  are  Communism, 


KINDS  OF  GOVERNMENT  25 

Socialism,  Nihilism,  and  Anarchism.  Each  has  its  advo- 
cates in  this  and  other  countries. 

Communism  is  a  "  system  of  society  in  which  private 
property  is  abolished  and  all  goods  are  held  in  common, 
the  needs  of  each  individual  being  supplied  from  public 
sources."  ("International  Encyclopedia.")  On  a  small  scale 
a  few  religious  societies  in  America  are  now  practicing  com- 
munism. Jamestown,  when  founded  in  1607,  was  provided 
with  a  common  storehouse  in  which  the  products  were  kept 
and  from  which  each  received  according  to  his  needs.  The 
Pilgrims  at  Plymouth  had  a  similar  arrangement  for  two 
years  and  gave  it  up.  For  a  long  time  much  land  in  each 
town  was  held  in  common,  and  the  Boston  Common  of  to- 
day is  a  survival  of  this  custom. 

Socialism  is  an  ideal  economic  condition  in  which  the 
methods  of  production,  distribution,  and  exchange  of 
wealth  will  be  under  social  control.  Under  socialism  there 
would  be  no  private  ownership  of  land  and  capital,  but 
merely  private  ownership  of  the  fruits  of  land,  labor,  and 
capital.  There  would  be  no  struggle  of  competition.  In 
this  way,  the  socialists  claim,  they  would  abolish  poverty 
from  the  world,  and  poverty  being  gone,  the  dying  out  of 
the  saloon,  the  brothel,  misery,  and  all  the  social  ills  would 
follow  as  a  natural  sequence.  The  arguments  for  and 
against  socialism  cannot  be  adequately  stated  here.  The 
two  common  criticisms  of  socialism  are:  (1)  The  miseries  of 
society  are  not  all  due  to  poverty,  but  have  a  deeper  cause; 
(2)  The  struggle  of  competition  is  needed  to  bring  out  the 
best  efforts  of  man. 

Nihilism,  from  the  Latin  word  nihil,  meaning  nothing, 


26    THE  NATURE  AND  PRINCIPLES  OF  GOVERNMENT 

signifies  the  overthrow,  by  force,  of  all  government.  As 
commonly  used  the  word  is  applied  to  the  organized  revolt 
against  the  Russian  absolute-  monarchy.  The  political 
exiles  in  Siberia  are  largely  nihilists  and  those  merely  sus- 
pected of  being  nihilists. 

Anarchy  means  no  government.  Anarchists  are  of  two 
kinds:  (1)  Some  believe  in  the  overthrow  of  government  by 
assassination  and  force;  these  are  the  same  as  Nihilists,  and 
are  forbidden  to  come  into  the  United  States  from  any 
foreign  country.  (2)  The  philosophical  anarchists  are 
peaceful  and  believe  in  teaching  their  doctrines  of  the  evils 
of  government  and  the  blessings  of  no  government.  When 
all  are  converted,  they  teach,  and  when  all  have  become 
good  enough  and  wise  enough,  government  will  die  out  as 
useless  and  outgrown.  But  that  day  none  of  us  will  live 
to  see.  Meanwhile,  we  shall  probably  have  more  govern- 
ment, not  less.  Anarchy  is  the  exact  opposite  of  socialism. 

Branches  of  Government. — Every  government,  no 
matter  what  its  form,  has  three  duties  to  perform.  It  must 
(1)  make  laws,  (2)  enforce  laws,  and  (3)  interpret  laws. 
Accordingly,  we  have  in  a  republic  three  distinct  depart- 
ments or  branches  of  government,  which  are  wisely  kept 
separate  as  much  as  possible.  The  object  of  this  separation 
of  power  is  to  create  a  system  of  checks  and  balances, 
each  department  of  government  being  a  check  upon  the 
others. 

1.  Legislative  Branch. — The  legislature  has  the  im- 
portant duty  of  making  new  laws  from  time  to  time,  as 
they  are  needed. 

2.  Executive  Branch. — The  executive  department  must 


KINDS  OF  GOVERNMENT  27 

execute  or  administer  all  the  laws  of  the  state,  whether 
they  be  good  or  bad  laws. 

3.  Judicial  Branch. — The  judiciary  must  interpret 
and  apply  the  laws  in  all  individual  cases  brought  before 
them. 

The  Constitution. — The  fundamental  law  or  set  of  prin- 
ciples under  which  a  state  is  governed  is  termed  a  constitu- 
tion. As  the  word  is  used  in  the  United  States  it  means  a 
written  instrument;  but  in  England  it  is  used  to  signify  a 
set  of  principles  found  partly  written  in  Magna  Charta  and 
other  charters,  and  in  treaties  and  statutes,  and  partly  in 
unwritten  customs.  And  hence  it  is  said  that  we  have  a 
written  constitution,  while  England  has  an  unwritten  con- 
stitution. But  it  should  be  remembered  that  our  consti- 
tution has  grown  very  much  by  custom  and  usage  in  the 
last  hundred  years,  and  hence  an  important  part  of  our  con- 
stitution also  is  unwritten.  Were  it  not  for  this  fact,  our 
constitution  would  be  too  inflexible. 

That  a  constitution  is  very  necessary,  the  long  and  bloody 
.  experience  of  mankind  has  shown.  It  is  needed  to  protect 
the  minority  against  the  impulses  and  tyranny  of  the  ma- 
jority, or  the  apathetic  and  disorganized  majority  against 
a  powerful  minority.  While  it  is  proper  for  us  to  look  upon 
our  Constitution  as  almost  a  sacred  document,  yet  .we  should 
not  hesitate  to  make  careful  changes  in  it  when  wisdom  and 
experience  dictate  such  a  course. 

The  Federal  Principle.— The  United  States  is  a  re- 
public and  France  is  a  republic,  and  yet  the  governments 
of  these  two  states  are  very  much  unlike.  France  in  her 
local  affairs  is  governed  very  much  from  Paris;  we  in  our 


28    THE  NATURE  AND  PRINCIPLES  OF  GOVERNMENT 

local  affairs  are  governed  not  at  all  from  Washington.  The 
French  have  a  centralized  or  national  republic;  we  have  a 
federal  republic.  The  federal  principle  is  that  each  State  in 
the  Union  is  a  .supreme  sovereign  in  certain  matters  affect- 
ing it  alone,  and  that  the  Federal  Government  is  the  supreme 
sovereign  in  such  matters  of  general  concern  as  are  delegated 
to  it  by  the  United  States  Constitution.  We  have  an  "  in- 
destructible Union  of  indestructible  States."  To  trace  the 
delicate  line  between  Federal  powers  and  State  powers  is  a 
work  which  has  occupied  the  minds  of  the  greatest  con- 
stitutional lawyers  that  this  country  or  any  other  has  ever 
seen.  The  Civil  War  was  a  test  of  this  great  question.  One 
thing  at  least  is  certain:  sovereignty  rests  neither  with  the 
Federal  Government  nor  with  the  States,  but  with  the 
people  of  the  United  States. 

Summary. — We  have  now  seen  what  form  of  govern- 
ment, among  the  many  in  the  world,  has  been  worked  out 
in  the  United  States.  It  remains  to  trace,  in  the  following 
chapters,  the  sources  and  the  development  of  this  form  of 
government,  that  we  may  clearly  understand  the  back- 
ground and  setting  of  our  institutions.  Having  performed 
this  brief  and  pleasant  task,  we  shall  then  examine  in  de- 
tail the  framework  and  actual  workings  of  our  government. 

QUESTIONS  ON  THE  TEXT 

1.  Name  three  classes  of  government.    What  is  the  basis  of  the 

classification? 

2.  Define  each  class. 

3.  Classify  monarchies  (1)  as  to  power  of  ruler,  and  (2)  as  to 

succession. 

4.  Define  and  give  an  example  of  each  class. 


KINDS  OF  GOVERNMENT  29 

5.  Define  and  give  example  of  a  tyranny;  theocracy,  patriarchy. 

6.  What  did  Frederick  William  IV  of  Prussia  think  about  constitu- 

tional government? 

7.  What  is  the  difference  between  aristocracy  and  oligarchy? 

8.  What  is  the  difference  between  a  republic  and  a  pure  democ- 

racy? 

9.  What  is  the  real  test  of  a  democracy? 

10.  Explain  communism;  socialism;  nihilism;  anarchism.    Criticize 

each. 

11.  What  are  the  three  branches  of  government?     Why  have 

checks  and  balances? 

12.  Define  constitution.    Need  of  constitution. 

13.  What  is  the  federal  principle? 

QUESTIONS  SUGGESTED  BY  THE  TEXT 

1.  What  is  the  difference  between  a  limited  monarchy  and  a 

republic? 

2.  Is  government  by  a  wise  and  benevolent  despot  to  be  preferred 

to  that  by  ignorant  and  corrupt  representatives?    Why? 

3.  Compare  the  French  and  American  republics  as  to  (1)  position 

of  their  presidents;  (2)  centralization  of  legislative  power. 

4.  What  are  the  advantages  of  a  written  constitution?     The 

disadvantages? 

5.  Is  England  a  republic? 

REFERENCES 

Aristotle,  "Politics,"  Book  III. 
Wilson,  "The  State,"  pp.  26-34. 
"The  Federalist,"  Nos.  46-48. 
Macy,  Jesse,  "The  English  Constitution,"  Chs.  1,  3. 
Burgess,  "Political  Science  and  Comparative  Constitutional  Law," 
2vols.;Vol.  I,  pp.  90-134. 


PART  II 
RISE  OF  AMERICAN  INSTITUTIONS 

CHAPTER   III 
SOURCES  OF   AMERICAN  INSTITUTIONS 

"Yet,  after  all  deductions,  it  [the  Constitution]  ranks  above  every 
other  written  constitution  for  the  intrinsic  excellence  of  its  scheme,  its 
adaptation  to  the  circumstances  of  the  people,  the  simplicity,  brevity 
and  precision  of  its  language,  its  judicious  mixture  of  definiteness  in 
principle  with  elasticity  in  details.  ...  The  American  Constitution 
is  no  exception  to  the  rule  that  everything  which  has  power  to  win  the 
obedience  and  respect  of  men  must  have  its  roots  deep  in  the  past,  and 
that  the  more  slowly  every  institution  has  grown,  so  much  the  more 
enduring  is  it  likely  to  prove.  There  is  little  in  that  Constitution  that 
is  absolutely  new.  There  is  much  that  is  as  old  as  Magna  Charta." 
BRYCE,  "American  Commonwealth,"  Vol.  I,  p.  25. 

"  His  majesty's  liege  subjects  in  these  colonies  are  entitled  to  all  the 
inherent  rights  and  privileges  of  his  natural  born  subjects  within  the 
kingdom  of  Great  Britain."  Stamp  Act  Congress,  1765,  "Declaration 
of  Rights  and  Grievances." 

English  Background.— In  1728  the  Massachusetts  as- 
sembly said  it  was  the  "  undoubted  right  of  all  English- 
men, by  Magna  Charta,  to  raise  and  dispose  of  money  for 
the  public  service,  of  their  own  free  accord,  without  com- 
pulsion." English,  French,  Dutch,  Scandinavians,  Ger- 
mans, and  other  people  settled  the  original  thirteen  colo- 
nies; but  it  was  the  English  language  that  survived  and 

prevailed.     So  too  with  the  institutions  of  government: 

30 


SOURCES  OF  AMERICAN  INSTITUTIONS  31 

English  institutions  took  root  and  survived.  And  when  the 
colonists  revolted,  it  was  because  their  English  rights  were 
being  trampled  upon.  The  Revolutionary  War  was  not  a 
war  of  Americans  against  Englishmen,  but  a  war  of  English 
against  English,  Englishmen  fighting  for  certain  principles 
of  constitutional  government  against  Englishmen  fighting 
for  certain  mistaken  principles  of  absolute  government. 
And  our  victory  was  a  victory  for  constitutional  govern- 
ment on  both  sides  of  the  Atlantic. 

It  is  interesting  to  notice  some  of  the  free  English  institu- 
tions of  government  that  have  come  down  to  us. 

English  Precedents  of  Free  Government. — On  June  15, 
1215,  a  date  which  will  never  be  forgotten,  the  Arch- 
bishop of  Canterbury  and  some  twenty  sturdy  barons  met 
King  John  on  a  little  island  in  the  Thames  called  Runny- 
mede,  about  fifteen  miles  above  the  city  of  London.  Here 
the  king  was  forced  to  acknowledge  the  rights  of  his 
people,  "ancient  rights "  as  they  were  even  then  called,  and 
to  assent  to  the.Magna  Charta.  This  "Great  Charter,"  with 
the  stone  seals  of  the  king  and  barons,  may  be  seen  in  the 
British  Museum  to  this  day.  The  principles  of  this  great 
document  have  come  down  to  us  through  seven  hundred 
years  of  time,  and  to-day  enter  into  our  own  Federal  and 
State  constitutions.  True,  at  first  they  were  but  dimly 
seen,  and  indeed  were  often  temporarily  eclipsed,  but  to-day 
they  shine  forth  as  clear  as  the  sun. 

Of  the  sixty-three  provisions  of  Magna  Charta,  the  fol- 
lowing are  the  important  ones  in  our  system  of  govern- 
ment: 

Taxes  (no  taxation  without  representation). — "No  scu- 


32 


RISE  OF  AMERICAN  INSTITUTIONS 


tage  1  or  aid  2  shall  be  imposed  in  our  kingdom,  unless 
by  the  general  council  of  out  kingdom;  except  for  ransom- 
ing our  person,  making  our  eldest  son  a  knight,  and  once 
for  marrying  our  eldest  daughter;  .  .  . 

Jury  Trial. — "No  free  man  shall  be  taken  or  impris- 
oned or  disseized,3  or  outlawed,  or  banished,  or  anyways 


PART  OF  MAGNA  CHARTA 

The  document  is  too  wide  to  show  full  width.  The  portion  shown  above 
is  the  upper  left  corner,  beginning  with  the  Latin  words  for  "John,  by  the 
grace  of  God,  King  of  England,  Lord  of  Ireland,  Duke  ..." 

destroyed,  nor  will  we  pass  upon  him,  nor  will  we  send  upon 
him,  unless  by  the  lawful  judgment  of  his  peers,4  or  by  the 
law  of  the  land." 

1  Scutage:  Military  tax,  paid  in  money  instead  of  service. 

2  Aid:  A  feudal  tax  paid  by  the  vassal  to  his  lord. 
8  Disseized:  Dispossessed. 

4  Peers:  Equals;  persons  of  the  same  rank. 


SOURCES  OF  AMERICAN  INSTITUTIONS  33 

Personal  Rights. — "We  will  sell  no  man,  we  will  not 
deny  to  any  man,  either  justice  or  right." 

"No  bailiff  from  henceforth  shall  put  any  man  to  his  law 
upon  his  own  bare  saying,  without  credible  witness  to  prove 
it." 

Property  Rights. — "No  constable  or  bailiff  of  ours 
shall  take  corn  or  other  chattels  of  any  man,  unless  he 
presently  give  him  money  for  it  or  hath  respite  of  payment 
by  the  good  will  of  the  seller.  .  .  .  Neither  shall  we,  or  our 
bailiffs,  take  any  man's  timber  for  our  castles  or  other  uses, 
unless  by  the  consent  of  the  owner  of  the  timber." 

Due  Process  of  Law. — "If  any  one  has  been  dispos- 
sessed or  deprived  by  us  without  the  legal  judgment  of 
his  peers,  of  his  lands,  castles,  liberties,  or  right,  we  will 
forthwith  restore  them  to  him :  and  if  any  dispute  arise  upon 
this  head  let  the  matter  be  decided  by  the  five  and  twenty 
barons  hereafter  mentioned,  for  the  preservation  of  the 
peace." 

Petition  for  Redress  of  Grievances. — "The  barons 
may  chose  five  and  twenty  barons  of  the  kingdom,  whom 
they  think  convenient;  who  shall  take  care,  with  all  their 
might,  to  hold  and  observe,  and  cause  to  be  observed,  the 
peace  and  liberties  we  have  granted  them,  and  this  by  our 
present  charter  confirmed;  so  that  if  we  ...  shall  in  any 
circumstances  fail  in  the  performance  of  them  toward  any 
person,  or  shall  break  through  any  of  these  articles  of  peace 
and  security,  and  the  offense  shall  be  notified  to  four  barons 
chosen  out  of  the  five  and  twenty  before  mentioned,  the 
said  four  barons  shall  repair  to  us  .  .  .,  and  laying  open 

their  grievance,  shall  petition  to  have  it  redressed  without 
Govt.  No.  Dak.— 3 


34  RISE  OF  AMERICAN  INSTITUTIONS 

delay;  and  if  it  be  not  redressed  by  us  ...  within  forty 
days  .  .  .  the  said  five  and  twenty  barons,  together  with 
the  community  of  the  whole  kingdom,  shall  distrain  and 
distress  us  in  all  possible  ways,  .  .  .  till  the  grievance  is 
redressed  according  to  their  pleasure." 

In  working  out  the  principles  expressed  and  fore- 
shadowed in  Magna  Charta — and  a  five  hundred  years' 
struggle  it  was — the  people  of  England  made  two  contribu- 
tions of  priceless  value  to  mankind:  (1)  Representative 
Government  and  (2)  The  Common  Law.  We  may  conclude 
our  account  of  the  sources  of  our  own  institutions  by  de- 
scribing briefly  the  development  of  these  two  landmarks  of 
human  liberty. 

Representative  Government.— Magna  Charta  speaks 
of  the  Great  Council  of  the  king  which  should  be  summoned 
in  case  taxes  were  to  be  imposed  on  the  people.  This  was  a 
good  beginning,  much  better,  indeed,  than  allowing  the 
king  to  make  personal  and  arbitrary  levies  of  taxes.  '  But 
even  this  beginning  was  stubbornly  resisted  by  later  kings. 
In  time,  however,  the  king  summoned  to  his  Parliament  (as 
it  began  to  be  called)  a  certain  number  of  "  knights,"  that 
is,  men  not  members  of  the  nobility,  men  without  title. 
These  "common"  men  later  formed  the  House  of  Com- 
mons, and  from  then  on  Parliament  had  two  houses,  the 
House  of  Lords  and  the  House  of  Commons.  When  the 
common  people  began  to  elect  members  of  the  House  of 
Commons,  we  may  say  that  representative  government  was 
on  its  feet  in  England.  But  as  the  House  of  Commons  grew 
strong,  the  king  grew  weak.  "When  two  men  ride  on  horse- 
back, one  must  ride  behind."  Who  shall  rule  England, 


SOURCES  OF  AMERICAN  INSTITUTIONS  35 

King  or  Commons?  was  a  question  not  to  be  settled  lightly. 
At  last  this  issue  was  put  squarely  by  King  Charles  I.  For 
eleven  years  he  ruled  absolute,  without  any  Parliament. 
Then  if  ever  was  the  time  to  settle  this  question,  once  and 
for  all.  It  was  settled.  Parliament  rose  against  the  king; 
it  tried  him  as  " tyrant  and  traitor";  it  found  him  guilty;  it 
led  him  to  the  block  and  chopped  away  his  head.  Since 
1649  no  king  has  needed  or  cared  to  ask  the  question  again. 
Representative  government  for  the  English  people  became 
an  established  part  of  their  constitution.  This  heritage 
came  with  the  English  settlers  to  America. 

The  Common  Law. — The  Magna  Charta  and  the  other 
charters  obtained  later  declared  general  principles.  But 
it  was  the  Common  Law,  with  its  rules  and  maxims,  which 
determined  the  extent  of  the  protection  these  could  give. 
The  common  law  consists  of  that  ancient  body  of  customs, 
usages,  and  rights  of  the  people,  used  and  acquiesced  in 
for  a  time  "  so  long  that  the  memory  of  man  runneth  not 
to  the  contrary."  This  law  was  the  growth  of  centuries. 
So  far  as  its  maxims  declared  individual  rights,  they  were  a 
part  of  the  constitution  of  England  and  of  that  "law  of  the 
land"  mentioned  in  Magna  Charta.  Much  of  this  old  com- 
mon law  has  been  enacted  into  the  written  law  of  our  Amer- 
ican States,  becoming  thus  our  statute  law  and  also  a  part 
of  our  Federal  and  State  constitutions.  However,  a  great 
mass  of  it  is  to  be  found  only  by  going  back  to  court  deci- 
sions and  reading  its  principles  as  applied  by  the  judges. 
Thus  it  happens  to-day  that  a  lawyer  will  often  go  back  to 
the  decisions  of  English  courts,  published  hundreds  of 
years  ago,  and  find  correct  principles  of  the  common  law, 


36  RISE  OF  AMERICAN  INSTITUTIONS 

fitting  exactly  the  case  in  hand.  Since  no  two  cases  are 
ever  exactly  alike,  it  is  evidently  impossible  for  a  statute 
to  be  made  to  fit  each  case.  In  applying  the  principle  of  the 
statute,  therefore,  it  is  highly  beneficial  to  fall  back  upon 
the  rules  of  the  common  law  for  the  guidance  of  sound  and 
accredited  precedent. 

The  colonists  claimed  that  this  code  of  law  belonged  to 
them,  as  English  subjects,  except  in  some  particulars  where 
it  was  found  unsuited  to  the  wants  and  conditions  of  the 
New  World.  Under  it,  they  had  well-known  and  well- 
defined  rules  of  protection;  without  it  they  were  thrown 
upon  the  mercy  and  caprice  of  the  ruler.  Among  the  causes 
impelling  the  colonists  to  separate  from  the  mother  country, 
these  were  enumerated:  " Abolishing  the  free  system  of 
English  laws,"  "Taking  away  our  charters,  abolishing  our 
most  valuable  laws,  and  altering  fundamentally  the  forms 
of  our  government,"  "Depriving  us  in  many  cases  of  the 
benefits  of  trial  by  jury." 

Summary. — Magna  Charta  has  been  described  as  the 
"Great  Charter"  of  American  liberties  as  well  as  of  English 
liberties.  Following  it  and  partly  springing  from  it  have 
come  the  two  other  great  English  sources  of  our  institu- 
tions, namely,  representative  government  by  the  English 
Parliament,  and  the  common  law. 

We  are  now  ready  to  trace  the  growth  of  free  institutions 
on  American  soil. 

QUESTIONS  ON  THE  TEXT 

1.  What  praise  does  Bryce  bestow  on  our  constitution? 

2.  What  peoples  settled  the  colonies?    The  institutions  of  which 

people  now  prevail? 


SOURCES  OF  AMERICAN  INSTITUTIONS  37 

3.  What  principles  were  at  stake  in  the  Revolutionary  War? 

Were  they  "American"  or  English? 

4.  What  were  the  three  English  precedents  of  free  government? 

5.  Give  an  account  of  Magna  Charta.    Give  a  statement  of  its  six 

principal  provisions. 

6.  Give  a  short  history  of  representative  government  in  England. 

7.  Define  common  law.     What  use  do  our  lawyers  and  judges 

make  of  it? 

8.  What  abuses  did  the  colonists  complain  of,  as  leading  to  separa- 

tion? 

QUESTIONS  SUGGESTED  BY  THE  TEXT 

1.  Give  a  history  of  the  reign  of  George  III. 

2.  Give  an  account  of  Oliver  Cromwell. 

3.  Trace  the  fundamental  principles  of  liberty,   as  written  in 

Magna  Charta  in  1215,  through  various  great  documents, 
constitutions,  etc.,  down  to  our  own  State  Constitution. 

REFEEENCES 

Wilson,  "The  State,"  pp.  364-393. 

Taswell-Langmead,    "  English    Constitutional    History,    from    the 

Teutonic  Conquest  to  the  Present  Time,"  Chs.  4,  13,  14,  17. 
Stubbs,  "  Constitutional  History  of  England,"  3  vols. ;  Vol.  I,  Ch.  12. 
Rannie,  "The  English  Constitution,"  Chs.  4,  5,  9,  10,  12. 
Hill,  "Liberty  Documents." 
Hart,  "Actual  Government,"  pp.  39-41. 
Reinsch,  "The  Common  Law  in  the  American  States." 


CHAPTER  IV 

GROWTH   OF   AMERICAN  INSTITUTIONS 

"We  here  highly  resolve  .  .  .  that  this  nation,  under  God,  shall 
have  a  new  birth  of  freedom;  and  that  government  of  the  people,  by 
the  people,  for  the  people,  shall  not  perish  from  the  earth."  LINCOLN, 
"Gettysburg  Address." 

Introductory. — When  the  colonists  settled  America 
they  were  in  a  position  where  they  had  to  act  for  them- 
selves or  perish.  They  lived  in  a  wilderness,  and  would 
soon  have  been  swept  out  of  existence  had  they  not 
protected  themselves;  and  we  find,  accordingly,  that  self- 
government  sprang  up  immediately  in  the  different  colo- 
nies. In  1619,  to  quote  a  later  royal  governor,  "  Representa- 
tive government  broke  out  in  Virginia."  The  House  of 
Burgesses,  the  first  representative  assembly  in  America, 
was  called  together  by  the  Governor  of  Virginia.  In  New 
England  local  government  took  the  form  of  the  now  famous 
town  meeting.  Educative  discussions  were  held,  and  such 
questions  as  the  following  were  settled: 

"It  is  ordered  that  ye  remainder  of  Mr.  Allen's  strong  water, 
being  estimated  about  2  gallandes,  shall  be  delivered  unto  ye 
handes  of  the  Deacons  of  Dorchester  for  the  benefit  of  the  poore 
there,  for  his  selling  of  it  dyves  time  to  such  as  were  drunke  by  it, 
he  knowing  thereof." 

"It  is  ordered  that  from  the  15th  day  of  the  first  month  to  the 
25th  day  of  the  8th  month,  it  shall  not  be  lawful  for  common 

38 


GROWTH  OF  AMERICAN  INSTITUTIONS  39 

laborers,  as  hoers,  reapers,  tailors,  etc.,  who  were  used  to  take  after 
2s.  a  day,  to  take  above  2Sd.  a  day.  ..." 

"For  peace  and  love's  sake  (it  is  ordered)  that  there  shall  be  a 
new  meeting  house  built." 

"Information  is  given  to  the  selectmen  that  a  leame  gearle  is 
lately  come  into  town  whose  name  is  Wodckins,  entertained  at  the 
house  of  Edward  Cooke:  Sergt.  Kingsbury  is  desired  to  give  notis 
to  said  leame  gearle  that  she  do  depart  forthwith  out  of  this  toune, 
and  also  give  notis  to  said  Edward  Cooke  that  he  is  disallowed  to 
entertain  her  in  our  said  toune." 

The  colonists,  however,  were  English  subjects,  and  had 
no  thought,  at  first,  of  founding  independent  states  of  their 
own.  They  expected  the  king  to  govern  them,  according 
to  the  great  principles  of  the  English  constitution,  so  far 
as  new  conditions  would  permit.  And  so  along  with  their 
development  of  local  self-government  there  went  hand  in 
hand  an  extension  of  English  government  over  them.  The 
two  were  bound  in  time  to  come  into  conflict.  The  story 
of  this  conflict  and  its  outcome  we  may  well  discuss  under 
four  topics:  (1)  The  Colonial  Governments,  (2)  Preliminary 
Steps  toward  Union,  (3)  The  Confederation,  (4)  The  Con- 
stitution. 

1.  Colonial  Governments. — The  colonial  governments, 
in  their  beginnings,  allowed  a  great  deal  of  liberty  and  home 
rule  to  the  colonists.  This  looseness  gradually  gave  way  to 
oppression,  followed  in  turn  by  resistance  by  the  colonists 
and  preliminary  steps  towards  union.  There  was  but  one 
general  type  of  colonial  government,  and  it  was  the  same 
in  the  three  charter  colonies,  in  the  three  proprietary  colo- 
nies, and  in  the  seven  royal  colonies.  The  three  branches 
of  this  government  were: 

A.  Legislative  Branch,   consisting   of  two   houses,   the 


40  RISE  OF  AMERICAN  INSTITUTIONS 

lower  house  being  elected  by  the  people  in  good  English 
fashion.  The  laws  passed  by  these  bodies  could  be  vetoed 
by  the  colonial  governor,  or  overruled  by  the  English  gov- 
ernment. 

B.  Executive  Branch,  consisting  of  a  colonial  governor 
with  extensive  powers  in  addition  to  the  veto  power.   Rhode 
Island  and  Connecticut  had  elective  governors;  in  the  other 
colonies  the  governors  were  appointed  by  the  proprietor  or 
by  the  king. 

C.  Judicial  Branch,   consisting  of  judges  usually  ap- 
pointed by  the  governor  and  responsible  only  to  England. 

Although  in  form  the  legislatures,  the  governors,  and  the 
judges  were  all  subject  to  the  English  government,  yet 
there  was  but  little  interference  from  the  distant  mother- 
land. The  colonies  voted  their  own  taxes,  carried  on  their 
own  Indian  wars,  and  regulated  their  own  suffrage.  Suf- 
frage was  very  much  restricted.  In  Massachusetts  and  New 
Haven,  in  the  earlier  years,  only  members  of  the  Congrega- 
tionalist  Church  could  vote.  All  the  colonies  had  a  property 
qualification.  The  majority  of  the  adult  men,  up  to  the 
time  of  the  Revolution,  were  not  voters. 

Oppressions. — As  the  colonies  became  of  more  impor- 
tance, and  especially  after  a  very  pig-headed  and  autocratic 
king,  George  III,  came  to  the  throne  in  England,  the  gov- 
ernment of  the  colonies  became  harsh  and  arbitrary. 
Among  the  several  distinct  oppressions  complained  of  by 
the  colonists  were  the  following:  (1)  Trade  restrictions; 
they  were  compelled  to  export  their  chief  products  in  Eng- 
lish ships  only,  to  import  from  England  only,  and  were 
permitted  to  manufacture  only  such  things  as  were  not 


GROWTH  OF  AMERICAN  INSTITUTIONS  41 

made  in  England.  (2)  Searching  of  their  houses,  in  at- 
tempts to  seize  goods  unlawfully  imported.  (3)  Quarter- 
ing of  troops  on  them  in  time  of  peace.  (4)  Denial  of  trial 
by  jury  in  certain  cases.  (5)  Taxation  without  representa- 
tion, by  acts  of  the  English  Parliament,  in  which  the  colonies 
had  no  voice.  These  abuses  led  to  resistance  and  to  pre- 
liminary steps  towards  union. 

2.  Preliminary  Steps  Toward  Union. — A.  Stamp  Act 
Congress.  In  1765  representatives  from  nine  colonies  (seven 
was  the  greatest  number  ever  represented  before  this  time 
in  any  one  gathering)  met  in  New  York,  and,  as  loyal  Eng- 
lish subjects,  drew  up  a  "Declaration  of  Rights  and  Griev- 
ances." This  set  forth  the  rights  of  the  colonists  to  the 
liberties  of  Englishmen,  especially  the  right  to  tax  them- 
selves, and  petitioned  for  a  repeal  of  the  oppressive  trade 
restrictions.  This  declaration  won  the  colonists  a  few 
friends  in  Parliament,  but  secured  no  whit  of  the  rights  they 
were  asking  for.  Indeed,  it  was  only  two  years  later  that 
the  infamous  tax  was  placed  on  tea  which  led  to  the  "  Bos- 
ton Tea  Party." 

B.  The  First  Continental  Congress  (1774).  —  Nine  years 
after  the  Stamp  Act  Congress,  grievances  having  rapidly 
multiplied,  the  First  Continental  Congress  convened  in 
Philadelphia.  This  time  there  were  twelve  colonies  rep- 
resented. Another  Declaration  of  Rights  was  drawn  up, 
claiming  for  the  colonists  the  right  of  making  their  own 
laws ,  sub j  ect  only  to  the  royal  veto .  Before  ad j  ourning,  this 
Congress  arranged  for  committees  in  the  towns  and  villages 
of  the  land  to  organize  those  who  favored  resistance  to 
England. 


42 


RISE  OF  AMERICAN  INSTITUTIONS 


C.  The  Second  Continental  Congress  (1775-1781).— 
The  Second  Continental  Congress,  or,  as  it  is  also  called, 
the  Revolutionary  Government,  met  after  war  had  actually 
broken  out  at  Lexington  and  Concord.  It  was  a  revolu- 
tionary government  in  the  sense  that  "not  a  single  member 
had  instructions  which  justified  him  in  aiding  to  organize 


Independence  Hall — The  Room  where  the  Declaration  was  Adopted 

a  government."  Yet,  in  the  face  of  dire  necessity,  which 
is  the  strongest  of  laws,  this  Congress  proceeded  to  exercise 
the  great  powers  of  sovereignty;  it  raised  armies  and  na- 
vies, carried  on  war,  issued  paper  money,  borrowed  money, 
sent  ambassadors  to  foreign  countries,  made  treaties, 
adopted  the  Declaration  of  Independence,  and  proposed 
the  Articles  of  Confederation  to  the  States.  The  Declara- 
tion of  Independence,  in  lofty  and  dignified  phrase,  set 


GROWTH  OF  AMERICAN  INSTITUTIONS  43 

forth  the  reasons  for  separation,  and  declared,  "That  these 
United  Colonies  are,  and  of  right  ought  to  be,  Free  and  In- 
dependent States."  From  this  time  on- we  have  States,  not 
colonies,  to  deal  with. 

3.  The  Confederation  (March  2, 1781-March4, 1789).— 
There  are  two  things  to  notice  in  the  government  under  the 
Articles  of  Confederation:  (1)  the  government  of  the  in- 
dividual States  on  the  one  hand,  and  (2)  the  government  of 
the  Union  or  "Confederation"  on  the  other.  Let  us  look 
first  at  the  States.  Of  course  the  old  colonial  governments 
collapsed  in  1775 ;  the  royal  governors  were  driven  out  when 
war  began.  From  1776  to  1780  eleven  States  adopted 
written  constitutions.  The  old  charters  in  Connecticut  and 
Rhode  Island,  being  liberal,  answered  as  State  constitu- 
tions. Thus  we  see  that  when  the  Fathers  came  to  frame  a 
federal  constitution,  they  found  thirteen  "sovereign  States" 
at  work,  each  with  a  complete  written  constitution  of  its 
own  and  each  with  the  usual  three  branches  of  government. 
This  made  it  easier  to  frame  a  constitution,  for  there  were 
thirteen  models.  It  made  it  harder  to  get  that  constitution 
adopted,  for  each  State  was  jealous  of  the  proposed  Union. 

The  Articles  of  Confederation  were  discussed  in  the  Con- 
tinental Congress  from  time  to  time.  They  were  finally 
submitted  to  the  States,  which  one  by  one  adopted  them, 
the  last  of  the  thirteen  taking  this  step  in  1781,  after  four 
years  of  hesitation.  The  two  Continental  Congresses  of 
Revolutionary  fame  gave  place  to  the  Congress  of  the  Con- 
federation. But  this  was  near  the  end  of  the  war.  The 
State  governments,  now  feeling  their  own  strength,  came 
to  have  a  contempt  for  the  weakness  of  the  Confederation. 


44  RISE  OF  AMERICAN  INSTITUTIONS 

The  government  under  the  Articles  of  Confederation  pos- 
sessed powers  that  were  vague  and  illusory.  There  was  no 
President,  no  Senate,  no  Supreme  Court.  The  government 
was  a  rope  of  sand.  "It  was  a  weak  attempt  to  organize  a 
Government,  but  it  answered  so  long  as  the  common  peril 
of  British  subjugation  lasted.  When  that  threat  was  with- 
drawn by  the  peace  of  1783,  the  selfishness  and  jealousies 
of  the  States  became  intense  and  threatened  to  snap  the 
feeble  bonds  that  held  them  in  Union.  The  Congress  be- 
came the  laughingstock  of  the  country,  and  the  best  men 
shunned  it.  It  had  contracted  debts  in  the  prosecution  of 
the  war;  and  the  States  neglecting  or  refusing  to  pay  their 
quotas,  Congress  was  protested  and  dishonored,  for  it  had 
no  power  to  lay  and  collect  taxes.  It  had  made  commercial 
treaties  with  foreign  Powers,  and  the  States  refused  to  allow 
in  their  ports  the  privileges  guaranteed  by  the  treaties. 
Congress  was  a  mimic  show,  the  butt  of  jealousy  and  ridi- 
cule. Great  things  were  demanded  of  men  who  could  do 
nothing."  1 

There  was  too  much  State  sovereignty.  Each  State,  for 
instance,  made  its  own  tariff  laws.  New  York  wanted  to 
protect  the  wood  industry  at  home,  and  levied  a  tariff  on 
firewood  coming  in  from  Connecticut.  Garden  truck  from 
New  Jersey  likewise  paid  tariff  duty  when  crossing  the  line 
into  New  York  State.  A  critical  period  ensued :  State  was 
quarreling  with  State.  The  States  seemed  ready  to  fly  at 
one  another  at  any  moment.  This  condition  led  John  Jay 
to  write  to  Washington,  "I  am  uneasy  and  apprehensive, 
more  so  than  during  the  war."  President  Harrison  has 

1  Harrison,  "This  Country  of  Ours,"  pp.  7,  8. 


GROWTH  OF  AMERICAN  INSTITUTIONS  45 

summed  up  the  situation  in  these  words:  "Some  of  our 
statesmen  of  that  time  were  wise  and  unselfish,  having  a 
dim  view  of  the  glory  to  be  revealed;  but  petty  State  jeal- 
ousies, and  the  childish  fear  that  the  Union  would  oppress 
the  States,  well-nigh  thwarted  its  formation.  The  proposed 
general  government  seemed  to  be  regarded  as  if  it  were  to  be 
foreign  in  its  control  and  purposes,  and  the  powers  asked 
for  it  as  involving  a  surrender  of  the  liberties  of  the  people. 
So  that,  practically,  when  the  Constitution  of  the  United 
States  was  under  consideration  the  question  was,  What 
powers  will  the  people  of  the  States  consent  to  withdraw 
from  the  States  and  give  to  the  National  Government?  The 
answer  was  expressed  in  the  Constitution."  l 

Before  making  the  careful  and  detailed  analysis  of  this 
Constitution,  which  its  importance  justifies,  and  which  is 
the  duty  of  every  loyal  American,  let  us  pause  long  enough 
to  notice  the  circumstances  of  its  formation  and  ado'p- 
tion. 

4.  The  Constitution. — A  stronger  national  authority 
was  needed  than  that  furnished  by  the  Confederation. 
"That  stronger  authority,"  to  quote  Professor  Hart,  "was 
furnished  by  the  Federal  Constitution  of  1787,  which  was 
suggested  as  far  back  as  1780,  strongly  advocated  by  Wash- 
ington in  public  and  private  letters,  formally  urged  by  the 
legislature  of  Massachusetts  in  1785,  and  definitely  proposed 
by  a  preliminary  convention  at  Annapolis  in  1786." 

The  Philadelphia  Convention  (1787). — The  men  who  made 
up  'the  Constitutional  Convention  represented  the  greatest 
names  of  that  day  and  generation  of  intellectual  giants. 

1  Harrison,  "This  Country  of  Ours,"  p.  9. 


46  RISE  OF  AMERICAN  INSTITUTIONS 

First  of  all  was  George  Washington,  who  presided ;  and  there 
were  James  Madison,  Alexander  Hamilton,  a  young  man  of 
30  years,  and  Benjamin  Franklin,  now  an  old  man  of 
82.  Thomas  Jefferson  and  John  Adams  were  both  absent 
as  ministers  in  Europe.  Every  State  was  represented  but 
little  Rhode  Island.  The  sessions  of  the  convention  lasted 
fifteen  weeks,  or  from  May  25  to  September  17,  1787. 

The  Work  of  the  Convention. — These  men  had  before 
them  as  a  guide  the  principles  of  liberty  of  the  unwritten 
English  constitution,  the  constitutions  of  the  thirteen 
States,  and  the  Articles  of  Confederation.  Their  work  was 
to  select  the  best  material  in  these,  where  it  would  fit,  and 
where  it  would  not,  to  create  anew.  Their  work  of  selec- 
tion was  better  than  their  work  of  creation,  as  later  ex- 
perience proved.  But  the  work  accomplished  in  the  face  of 
great  odds  was  so  vast  that  Mr.  Gladstone  has  called  the 
Federal  Constitution  "the  most  wonderful  work  ever  struck 
off  at  a  given  time  by  the  brain  and  purpose  of  man." 

There  were  soon  put  before  the  convention  two  plans, 
which  caused  a  clash  between  the  large  and  the  small 
States,  and  a  compromise  became  inevitable,  the  first  of 
three  great  compromises.  How  much  power  was  each 
State  to  have  in  the  Union?  The  first  plan  gave  the  little 
States  too  little  power,  since  their  representation  was  to 
depend  on  their  population.  The  second  plan  gave  them 
too  much  power,  being  much  like  the  old  helpless  Confedera- 
tion. Progress  was  made  by  adopting  the  first  compromise, 
the  Connecticut  plan.  This  allowed  the  little  States  to 
have  the  same  voice  as  the  big  States  in  one  house  of  Con- 
gress, a  Senate  of  two  members  from  every  State,  each 


GROWTH  OF  AMERICAN  INSTITUTIONS  47 

Senator  to  have  one  vote.  In  the  other  house  States  were 
to  be  represented  according  to  population. 

Further  progress  was  made  by  a  second  compromise, 
sometimes  called  the  three-fifths  or  slavery  compromise. 
It  was  very  well,  evidently,  that  States  should  be  repre- 
sented in  the  Lower  House  according  to  their  " population" 
or  number  of  people.  But  were  slaves  "  people,"  or  mere 
chattels?  Here  a  division  arose  between  the  North  and  the 
South.  The  South  did  not  want  the  slaves  counted  when 
direct  taxes  were  to  be  levied  on  the  people;  but  did  want 
them  all  counted  when  representatives  were  to  be  appor- 
tioned. The  disagreement  was  settled  by  this  simple  com- 
promise: When  counting  the  population,  both  for  direct 
taxes  and  for  representation,  five  slaves  were  to  be  counted 
as  equal  to  three  whites. 

The  third  compromise  was  over  the  slave  trade.  It  was 
adjusted  by  allowing  the  South  the  privilege  of  importing 
slaves  for  20  years,  or  up  to  1808. 

The  finished  Constitution  being  a  work  of  so  much  com- 
promise, was  sure  to  have  a  hard  fight  before  being  adopted 
by  the  people.  It  is  highly  significant  that  the  convention 
itself  was  composed  of  only  55  delegates  out  of  65  ap- 
pointed, and  that  of  these  55  present,  only  39  signed  the 
Constitution.  The  names  of  delegates,  and  the  facts  as  to 
their  attendance  and  vote  are  all  shown  in  the  appendix  to 
this  chapter  (page  50) .  The  steps  in  placing  this  Constitu- 
tion before  the  people  can  be  chronicled  as  follows : 

(1)  The  convention  submitted  the  Constitution  to  the 
Congress  of  the  United  States  (Congress  of  the  Confedera- 
tion), with  the  recommendation  that  it  should  afterwards 


48  RISE  OF  AMERICAN  INSTITUTIONS 

be  submitted  to  a  "  convention  of  delegates,  chosen  in  each 
State  by  the  people  thereof,  under  the  recommendation  of 
its  legislature." 

(2)  Congress  transmitted  the  Constitution,  along  with  the 
above  recommendation,  to  the  legislatures  of  the  several 
States. 

(3)  The  legislatures  of  the  several  States  submitted  the 
Constitution  to  a  "  convention  of  delegates  chosen  in  each 
State  by  the  people  thereof." 

Ratification  of  the  Constitution.— The  work  of  the 
Philadelphia  convention  had  been  done  with  strict  secrecy. 
Only  alarming  rumors  of  an  approaching  tyranny  and  new 
fetters  of  oppression  leaked  out.  When  the  Constitution  as 
a  finished  whole  was  submitted  to  the  people,  the  result  was 
indeed  like  the  breaking  of  a  storm.  For  a  whole  year  the 
most  intense  excitement  prevailed.  States  were  alarmed  at 
the  new  power  proposed  to  be  set  over  them.  When  the 
convention  had  finished  its  work,  it  very  prudently  sent 
forth  with  the  new  Constitution,  this  conciliatory  state- 
ment, in  a  letter  signed  by  the  presiding  officer,  George 
Washington : 

"In  all  our  deliberations  on  this  subject  we  kept  steadily 
in  our  view,  that  which  appears  to  us  the  greatest  interest 
of  every  true  American;  the  consolidation  of  our  Union,  in 
which  is  involved  our  prosperity,  felicity,  safety,  perhaps 
our  national  existence.  This  important  consideration, 
seriously  and  deeply  impressed  on  our  minds,  led  each 
State  in  the  convention  to  be  less  rigid  on  points  of  inferior 
magnitude,  than  might  have  been  otherwise  expected;  and 
thus  the  Constitution  which  we  now  present,  is  the  result 


GROWTH  OF  AMERICAN  INSTITUTIONS  49 

of  a  spirit  of  amity,  and  of  that  mutual  deference  and  con- 
cession which  the  peculiarity  of  our  political  situation  ren- 
dered indispensable.  That  it  will  meet  the  full  and  entire 
approbation  of  every  State  is  not  perhaps  to  be  expected; 
but  each  will  doubtless  consider,  that  had  her  interest 
been  alone  consulted,  the  consequences  might  have  been 
particularly  disagreeable  or  injurious  to  others.  That  it 
is  liable  to  as  few  exceptions  as  could  reasonably  have 
been  expected,  we  hope  and  believe;  that  it  may  pro- 
mote the  lasting  welfare  of  that  country  so  dear  to  us  all, 
and  secure  her  freedom  and  happiness,  is  our  most  ardent 
wish." 

This  view  of  the  Constitution,  unhappily,  the  people  at 
first  refused  to  take.  Only  after  prolonged  discussions,  and 
even  riots  and  violence,  did  nine  States  ratify  the  work  and 
thus  establish  the  Constitution.1  Just  how  much  power  was 
left  with  the  States,  and  how  much  was  given  to  the  Federal 
Government,  is  a  question  which  can  be  best  answered  only 
by  a  careful  comparison  of  the  Federal  and  State  constitu- 
tions, a  comparison  which  is  made  in  the  following  pages. 
That  the  people  were  converted  in  the  end  to  the  Constitu- 
tion was  largely  due  to  "  The  Federalist."  This  magnificent 
series  of  arguments  for  the  Constitution,  issued  in  pamphlet 
form  while  the  people  were  hesitating,  is  still  a  vital  docu- 
ment in  revealing  the  meaning  of  constitutional  provisions 
and  the  necessity  of  those  provisions.  Three  men  have  the 
credit  for  writing  "The  Federalist":  Hamilton,  Madison, 
and  Jay. 

1  For  date  of  ratification  of  the  Constitution  by  each  State,  and  vote,  see 
Appendix  II  to  this  chapter. 
Govt.  No.  Dak. — 4 


50  RISE  OF  AMERICAN  INSTITUTIONS 

Appendix  I.    The  Constitutional  Convention 

Complete  List  of  Delegates  Signing  the  Constitution,  Refusing 
to  Sign,  and  Refusing  to  Attend  the  Convention. 


State  Signed 

Conn.    William  S.  Johnson 
Roger  Sherman 

Del.       George  Read 

Gunning  Bedford,  Jr. 
John  Dickinson 
Richard  Bassett 
Jacob  Broom 

Ga.        William  Few 

Abraham  Baldwin 

Md.       James  McHenry 

Dan'l  of  St.  Thomas 

Jenifer 
Daniel  Carroll 

Mass.     Nathaniel  Gorham 
Ruf  us  King 

N.  H.    John  Langdon 
Nicholas  Gilman 

N.  J.     William  Livingston 
David  Brearly 
William  Patterson 
Jonathan  Dayton 

N.  Y.    Alexander  Hamilton 


N.  C.     William  Blount 

Richard  D.  Spaight 
Hugh  Williamson 


Refused  to  Sign 
Oliver  Ellsworth 


Refused  to  Attend 


William  Pierce         George  Walton 
William  Houston     Nath'l  Pendleton 

John  F.  Mercer 
Luther  Martin 


Elbridge  Gerry 
Caleb  Strong 


Francis  Dana 


John  Pickering 
Benjamin  West 

Wm.  C.  Houston     John  Neilson 

Abraham  Clarke 


Robert  Yates 
John  Lansing 

Alexander  Martin    Richard  Caswell 
William  R.  Davie    Willie  Jones 


GROWTH  OF  AMERICAN  INSTITUTIONS 


51 


State  Signed 

Penn.    Benjamin  Franklin 
Thomas  Mifflin 
Robert  Morris 
George  Clymer 
Thomas  Fitzsimons 
Jared  Ingersoll 
James  Wilson 
Gouverneur  Morris 

R.  I.      (No  appointment) 

S.  C.      John  Rutledge 

Charles  C.  Pinckney 
Charles  Pinckney 
Pierce  Butler 

Va.        George  Washington 
John  Blair 
James  Madison 


Re/used  to  Sign      Refused  to  Attend 


Edmund  Randolph 
George  Mason 
George  Wythe 
James  McClurg 


Patrick  Henry 


Appendix  II.    Ratification  of  the  Constitution 

State                                               Date  Vote 

For     Against 

1.  Delaware.  . . . 1787,  Dec.  7  30  0 

2.  Pennsylvania 1787,  Dec.  12  46  23 

3.  New  Jersey.  . . 1787,  Dec.  18  38  0 

4.  Georgia 1788,  Jan.  2  26  0 

5.  Connecticut 1788,  Jan.  9  128  40 

6.  Massachusetts 1788,  Feb.  6  187  168 

7.  Maryland 1788,  April  28  61  11 

8.  So.  Carolina 1788,  May  23  149  73 

9.  New  Hampshire 1788,  June  21  57  46 

10.  Virginia 1788,  June  26  89  79 

11.  New  York 1788,  July  26  30  27 

12.  No.  Carolina.  '.'. 1789,  Nov.  21  193  75 

13.  Rhode  Island 1790,  May  29  34  32 


52  RISE  OF  AMERICAN  INSTITUTIONS 

QUESTIONS  ON  THE  TEXT 

1.  Did  the  Colonists  enjoy  self-government  in  their  local  affairs? 

Why  was  this?     What  was  England's  attitude? 

2.  Give  example  of  local  matters  regulated  in  the  town  meetings. 

3.  In  what  way  did  conflicts  with  England  arise? 

4.  How  many  kinds  of  colonies  were  there?    How  many  types 

of  government  in  these  colonies?    Explain. 

5.  What  is  said  about  suffrage  in  the  colonies? 

6.  What  five  forms  did  British  oppression  take? 

7.  Name  three  preliminary  steps  towards  union.     Give  dates. 

8.  Describe  the  Stamp  Act  Congress,  its  work,  and  effects. 

9.  How  many  colonists  were  represented  in  the  First  Continental 

Congress?    What  was  the  work  of  this  Congress? 

10.  Why   was   the   Second   Continental   Congress   revolutionary? 

What  was  its  work? 

11.  Give  a  full  account  of  the  government  of  the  Confederation, 

and  reasons  for  its  failure. 

12.  What  was  the  origin  of  the  Constitution? 

13.  Describe  the  Convention  of  1787;  its  work. 

14.  What  were  the  three  great  compromises  of  the  Constitution? 

15.  Describe  carefully  the  ratification  of  the  Constitution. 

16.  Tell  what  you  can  about  "The  Federalist." 

QUESTIONS  SUGGESTED  BY  THE  TEXT 

1.  What  was  the  "critical  period"  in  our  history?    (See  Fiske's 

"Critical  Period.") 

2.  Why  did  Rhode  Island  decide  to  join  the  Union,  having  taken 

no  part  in  forming  the  Constitution? 

REFERENCES 

Harrison,  "This  Country  of  Ours,"  pp.  1-16. 
Fiske,"  Critical  Period." 

Bryce,  "The  American  Commonwealth,"  Vol.  I,  pp.  1-28. 
Hart,  "Actual  Government,"  Ch.  3. 

Thorpe,  "A  Short  Constitutional  History  of  the  United  States," 
pp.  1-68. 


PART  III 

THE  FEDERAL  CONSTITUTION  OR  FRAMEWORK 
OF  GOVERNMENT 

CHAPTER  V 
ANALYSIS  OF  THE  FEDERAL  CONSTITUTION 

"  This  Constitution,  and  the  laws  of  the  United  States  which  shall  be 
made  in  pursuance  thereof;  and  all  treaties  made,  or  which  shall  be 
made,  under  the  authority  of  the  United  States,  shall  be  the  supreme 
law  of  the  land;  and  the  judges  in  every  State  shall  be  bound  thereby, 
anything  in  the  Constitution  or  laws  of  any  State  to  the  contrary 
notwithstanding."  United  States  Constitution,  Art.  VI. 

The  Federal  System. — The  citizen  of  North  Dakota  is 
also  a  citizen  of  the  United  States.  He  is  living  under  two 
governments  at  the  same  time — under  two  sets  of  law- 
makers, under  two  sets  of  executive  officers,  under  two 
sets  of  courts.  The  main  outlines  of  these  two  systems 
of  governments  are  found  in  the  two  constitutions.  In 
pursuing  the  study  of  Part  III  of  this  book,  upon  which 
we  are  now  entering,  the  pupil  will  make  a  careful,  sys- 
tematized, complete  reading  of  the  Federal  Constitution. 
This  is  foundation  work  in  the  study  of  civics,  and  gives  a 
grasp  of  the  frame  of  government.  When  this  work  is 
once  well  done,  the  reader  is  then  in  a  position  to  enter 
with  profit  upon  the  study  of  the  government  at  work 

(Part  IV).    In  a  later  part  of  the  book  (Part  V)  the  pupil 

53 


54  THE  FEDERAL  CONSTITUTION 

will  in  like  manner  study  the  State  Constitution,  and  com- 
pare the  two  constitutions,  side  by  side,  before  studying 
the  State  government  at  work. 

LESSON  1 

Preamble. — Read  and  repeat  the  preamble  of  the  con- 
stitution. (See  Appendix  B,  page  ix.)  This  serves  as  the 
enacting  clause  of  the  instrument,  and  states  the  reasons  for 
the  formation  of  the  new  government. 

Legislative  Branch. — Read  Article  I,  Sections  I- VII 
of  the  constitution.  (See  Appendix  B,  pages  ix-xii.)  Copy 
and  complete  the  following  outline: 

1.  House  of  Representatives. 
I.  How  composed? 

fAge? 

II.  Eligibility   <  Citizenship? 
(^  Inhabitancy? 

III.  Number  of  members?     *  Number  at  present  time?  * 

IV.  How  apportioned?     (14th  Am.) 

V.  By  whom  elected?    When?    How  vacancies  filled? 
VI.  Qualifications  of  electors? 

]  Concurrent? 


VII.  House  Powers 


Legislative  . 

Exclusive? 

Impeachment? 

House  officers? 

Elective  <  _.     .,         .  TT  „  0 

President  of  U.  S.? 


{: 


2.  Senate. 

I.  How  composed? 

fAge? 

II.  Eligibility    «j  Citizenship? 
(^  Inhabitancy? 

1  Questions  starred  are  optional  only.  They  are  not  answered  in  the  con- 
stitution, but  can  be  answered  by  reference  to  some  good  work  on  the  con- 
stitution. 


ANALYSIS  OF  THE  FEDERAL  CONSTITUTION 


55 


2.  Senate  (continued) . 

III.  Term?     By  whom  chosen?    When  chosen? 

IV.  How  vacancies  filled? 

rvtce  President  U.  S.? 

V.  Presiding  Officer    -{  President  pro  tempore? 
I  Chief  Justice? 


VI.  Senate  Powers  -, 


Legislative? 
Executive 

Elective 
Judicial? 


f  Appointments  ? 
\  Treaties  ? 

f  Senate  officers? 
\Vice  President  U.  S.? 


3.  Provisions  Common  to  Both  Houses. 

I.  Membership  and  disputed  election  returns? 
II.  Ineligibility  to  certain  Federal  offices? 

III.  Business  quorum? 

IV.  Parliamentary  rules? 
V.  Expulsion  of  member? 

VI.  Journal? 

VII.  Prohibition  on  Adjournment?    Time?    Place? 
VIII.  Salary? 

/From  arrest? 
-4  9 

Of  debate? 


TV    T3  •  -i 
IX.  Privileges 


Read  Article  I,  Sections  VIII,  IX,  and  X;  and  answer 
the  following  questions: 

QUESTIONS 

1.  Name  ten  powers  of  Congress. 

2.  Name  seven  prohibitions  on  Congress. 

3.  Name  four  prohibitions  on  the  States. 

4.  May  Congress  levy  a  tariff  on  exports?    What  is  the  reason 

for  your  answer? 

5.  May  States  levy  a  protective  tariff? 

6.  What  are  the  financial  powers  of  Congress? 

7.  *  Which  has  the  more  powers,  Congress  or  the  various  State 

legislatures? 


56  THE  FEDERAL  CONSTITUTION 

LESSON  2 

Executive  Branch.  —  Read  Article  II  and  Amendment 
XII.    Copy  and  complete  the  following  outline  : 
Executive. 

I.  In  whom  vested? 
II.  Term? 

("Age? 

III.  Qualifications   <  Citizenship? 

(^  Inhabitancy? 

IV.  How  elected?     (See  Am.  12.) 
V.  How  removable? 

VI.  Salary? 

'Military? 
Treaty-making? 
Pardoning? 
VII.  Powers  -\  Appointing? 

{Message? 
Veto? 
Convene  Congress? 

QUESTIONS 

1.  What  does  the  Federal  Constitution  say  about  the  President's 

cabinet?     *  Can  you  name  the  cabinet? 

2.  Are  members  of  the  President's  cabinet  appointed  or  elected? 

*  What  effect  does  this  have  on  the  President's  position? 

LESSON  3 

Judicial  Branch.  —  Read  Article  III.    Copy  and  complete 
the  following  outline  of  the  Federal  judiciary: 


I.  Where  vested     fufeme 

^  Inferior  courts  (*  names)? 


TT    T  j        f  How  appointed? 
II.  Judges  |Tenure^foffice? 


III.  Jurisdiction  , 

(_  Appellate? 


ANALYSIS  OF  THE  FEDERAL  CONSTITUTION          57 

LESSON  4 

The  States  and  Territories ;  Miscellaneous  Provisions ; 
Ratification.— Read  Articles  IV,  VI,  VII. 

QUESTIONS 

1.  What  credit  is  given  in  one  State  to  the  judicial  proceedings  of 

any  other  State? 

2.  *  Give  one  example  of  this  rule. 

3.  How  are  new  States  admitted  to  the  Union? 

4.  What  powers  has  Congress  over  the  Territories? 

5.  May  the  Federal  government  send  troops  into  a  State  to  quell 

local  disorders?     *  Has  this  ever  been  done? 

6.  What  is  the  supreme  law  of  the  land? 

7.  May  a  Mohammedan  or  Buddhist  hold  Federal  office  in  the 

United  States?     Reason  for  your  answer? 

8.  What  provision  is  made  in  the  constitution  for  its  ratification? 

*  When  was  it  ratified  by  each  State? 

9.  *  Was  this  provision  in  any  way  revolutionary?    (See  Articles 

of  Confederation,  Art.  13.) 

LESSON  5 

Amendments. — Read  Article  V,  and  Amendments  I-XV. 
Copy  the  following  table,  and  answer  the  questions  below : 

Amendments  to  U.  S.  Constitution — Dates  of: 

Ams.  I-X.  Proposed  by  Congress  1789,  Adopted   1791. 

Am.  XI.            "          "          "  1794,  "  1798. 

Am.  XII.          "          "          "  1803,  "  1804. 

Am.  XIII.         "          "          "  1865,  "  1865. 

Am.  XIV.         "          "          "  1866,  "  1868. 

Am.  XV.           "          "          "  1869,  "  1870. 

QUESTIONS 

1.  In  what  two  ways  may  amendments  be  proposed  to  the  Fed- 

eral Constitution? 

2.  In  what  way  may  the  Federal  Constitution  be  amended? 


58  THE  FEDERAL  CONSTITUTION 

3.  How  have  all  the  amendments  thus  far  been  proposed? 

4.  *  What  is  the  object  in  having  the  second  method  of  proposing 

amendments? 

5.  Give  the  date  of  adoption  of  each  of  the  fifteen  amendments 

to  the  Federal  Constitution. 

6.  *What  led  to  the  first  ten  amendments?    The  last  three? 

The  llth?     The  12th? 

7.  *  The  first  ten  amendments  are  often  called  a  "Bill  of  Rights." 

Which  of  the  rights  there  secured  are  enumerated  in  Magna 
Charta  of  1215? 

8.  Where  does  the  word  "slavery"  occur  in  the  Federal  Constitu- 

tion?   What  is  here  said  on  that  subject? 

9.  Who  are  citizens  of  the  United  States? 

10.  *  Is  a  Chinaman,  born  and  reared  in  the  United  States,  a  citizen? 

11.  What  are  States  forbidden  to  do  by  the  14th  Amendment?    Is 

this  an  important  prohibition?    Why? 

12.  What  is  there  in  the  14th  Amendment  designed  to  deprive 

certain  southern  whites  (just  after  the  Civil  War)  of  the  right 
to  vote?     (Sec.  3.) 

13.  What  is  there  in  the  14th  Amendment  which  aimed  to  stimulate 

the  southern  States  to  allow  negroes  to  vote?     (Sec.  2.) 

14.  Does  Congress,  or  the  States,  have  the  right  to  regulate  the 

qualifications  for  voting?    , 

15.  Does  the  15th  Amendment  give  the  negro  the  right  to  vote? 

16.  *In  what  ways  may  States  "deny  or  abridge"  the  right  to 

vote?    In  what  ways  have  they  done  so? 

REFERENCES 

"The  Federalist,"  Nos.  15-20,  21-30,  85. 

Cooley,  "Principles  of  Constitutional  Law." 

McClain,  "A  Selection  of  Cases  on  Constitutional  Law." 

Bryce,  "American  Commonwealth,"  Vol.  I,  Chs.  4,  26-35. 

Hart,  "Actual  Government,"  Chs.  3,  6. 

Dillon,  Marshall,  "Complete  Constitutional  Decisions." 

Johnston,  "History  of  American  Politics." 

Wilson,  "Division  and  Reunion,"  Chs.  1,  2,  12,  13. 

Tiedeman,  "Unwritten  Constitution  of  the  United  States." 


PART  IV 

THE   FEDERAL  GOVERNMENT   IN   ACTION 
CHAPTER  VI 

THE  EXECUTIVE:  THE  PRESIDENT 

"Of  all  systems  of  government,  the  most  difficult  to  establish  and 
render  effective,  the  one  which  evidently  requires  the  greatest  maturity 
of  reason,  of  morality,  of  civilization  in  the  society  to  which  it  is  applied, 
is  the  federative  system  of  the  United  States."  GUIZOT. 

Introductory. — We  have  examined  the  framework  or 
skeleton  of  our  government.  It  is  now  time  to  look  at  this 
government  at  work  in  its  three  departments.  First,  let  us 
look  at  it  from  the  standpoint  of  numbers.  There  are  com- 
paratively few  men  in  the  legislative  branch  of  the  Federal 
government,  fewer  than  500,  and  they  are  engaged  but  a 
small  part  of  the  time  in  actual  lawmaking.  Of  course  they 
make  laws  under  which  all  departments  must  work.  In- 
terpreting and  applying  these  laws  we  find  a  judicial  branch 
of  still  fewer  men,  little  more  than  100,  but  giving  all  their 
time  to  the  work.  But  when  we  turn  to  the  executive 
branch,  we  find  over  300,000  men  (including  army,  navy, 
and  civil  service)  constituting  the  great  machinery  of  ad- 
ministration and  law  enforcement.  Yet  from  the  stand- 
point of  importance  these  three  departments  are  strictly 

59 


60     THE  FEDERAL  GOVERNMENT  IN  ACTION 

coordinate  in  dignity  and  power,  no  one  being  above 
another,  and  each-  in  its  own  constitutional  sphere  being 
a  check  upon  the  others. 

If  we  would  see  our  government  at  work,  we  naturally 
turn  first  to  the  executive  branch,  which  touches  our  lives 
daily  at  many  points;  directly,  on  the  one  hand,  by  the 
letters  and  papers  brought  to  our  door  through  the  postal 
service,  by  the  money  in  our  purse  coined  and  issued 
through  the  treasury  department,  by  the  report  of  yester- 
day's weather  and  a  forecast  of  the  weather  of  to-morrow, 
made  possible  by  the  weather  bureau,  and  in  many  other 
ways;  indirectly,  on  the  other  hand,  by  the  protection 
against  foreign  foes  afforded  by  our  forts  and  battleships, 
by  our  army  and  navy. 

"The  executive  power,"  says  the  Constitution,  "shall  be 
vested  in  a  President  of  the  United  States  of  America." 
His  powers  and  duties  are  summed  up  in  these  simple 
words:  "He  shall  take  care  that  the  laws  be  faithfully  exe- 
cuted." To  enable  the  President  to  carry  out  his  high  duty, 
provision  is  made  for  the  appointment  of  a  large  number  of 
subordinate  executive  officers.  Bryce  has  told  us  that 
four  fifths  of  the  President's  work  "is  the  same  in  kind  as 
that  which  devolves  upon  the  chairman  of  a  commercial 
company,  or  the  manager  of  a  railway,  the  work  of  choos- 
ing good  subordinates,  seeing  that  they  attend  to  their 
business,  and  taking  a  sound  practical  view  of  such  adminis- 
trative questions  as  require  his  decision."  His  chief  assist- 
ants are  the  nine  Cabinet  officers:  the  Secretary  of  State, 
the  Secretary  of  the  Treasury,  the  Secretary  of  War,  the 
Attorney-General,  the  Postmaster-General,  the  Secretary  of 


THE  EXECUTIVE:  THE  PRESIDENT  61 

the  Navy,  the  Secretary  of  the  Interior,  the  Secretary  of 
Agriculture,  and  the  Secretary  of  Commerce  and  Labor; 
under  them  some  185,000  subordinates,  not  including  the 
army,  70,000  men,  and  the  navy,  40,000  men.  The  Presi- 
dent's Cabinet  is  responsible  to  him,  and  not  to  Congress. 
Indeed,  his  position  of  power  and  of  influence  gives  him 
more  authority,  if  less  dignity,  than.has  the  King  of  Eng- 
land. 

Let  us  now  examine  the  office  of  President,  and  follow 
this  with  a  brief  study  of  the  subordinate  executive  depart- 
ments. 

Nomination  of  the  President. — How  shall  we  select, 
out  of  some  20,000,000  men,  that  one,  particular  man  who 
is  wise  enough  and  good  enough  and  great  enough  to  be 
President?  Our  method  to-day  is  far  from  perfect.  It  is  not 
the  method  of  the  Fathers;  nor  is  it,  in  all  probability,  the 
method  that  our  children  will  use  after  us.  The  one 
strictly  new  thing  in  the  Constitution  was  the  manner  of 
choosing  the  President.  There  was  to  be  no  popular  elec- 
tion of  President,  the  common  people  being  deemed  un- 
qualified to  pass  upon  the  merits  of  a  man  for  so  great  and 
exalted  a  position.  It  might  cause  too  much  excitement 
over  the  country.  There  was  to  be  no  presidential  candi- 
date's name  before  the  people.  Each  State  was  simply  to 
select  a  certain  number  of  prominent  men,  and  these  men, 
or  Electors,  as  they  were  called,  were  to  do  the  voting  for 
President.  The  number  of  these  Electors  in  each  State  was 
equal  to  the  number  of  the  Senators  and  Representatives 
from  that  State  in  Congress.  The  Electors  in  each  State 
were  to  hold  a  meeting,  and  each  Elector  to  cast  a  ballot 


62  THE  FEDERAL  GOVERNMENT  IN  ACTION 

for  two  persons,  not  specifying  which  was  his  choice  for 
President  and  which  for  Vice  President.  The  person  re- 
ceiving the  greatest  number  of  votes,  if  that  number  was 
greater  than  half  the  number  of  Electors  from  all  the 
States,  was  to  be  President;  and  the  person  receiving  the 
next  highest  number  of  votes  was  to  be  Vice  President. 

The  plan  looked  very  good.  It  worked  in  the  first  elec- 
tion, because  every  Elector  gave  Washington  one  vote.  In 
the  fourth  election  (1800)  we  see  the  breakdown  of  this 
system.  The  138  Electors  voted  as  follows : 

Jefferson  73 

Burr  73 

John  Adams  65 
Ch.  C.  Pinckney  64 
Jay  1 

Consequently  no  one  was  elected.  The  election  of  President 
accordingly  went  to  the  House  of  Representatives,  where 
the  voting,  in  accordance  with  the  provisions  of  the  Con- 
stitution, was  done  by  States.  On  the  36th  ballot  Jeffer- 
son received  the  vote  of  10  States;  Burr,  4.  This  election 
led  to  the  adoption  of  the  Twelfth  Amendment,  which  in.- 
troduced  the  present  system  of  election,  described  in  that 
amendment  and  on  pages  64,  65. 

But  the  question  was  still  unsettled,  How  nominate  the 
candidate?  Up  to  ,1824,  a  caucus  of  each  party  was  held 
by  members  of  Congress  to  recommend  a  candidate  for  their 
party.  These  caucus  nominations  were  usually  taken  up  by 
the  country.  But  the  congressional  caucus  plan  failed  in 
the  election  of  1824,  when,  for  the  second  and  last  time, 
the  election  of  President  was  thrown  to  the  House  of  Rep- 


THE  EXECUTIVE:  THE  PRESIDENT  63 

resentatives.    The  Electoral  vote  for  President  in  that  year 

was:  Jackson  95 

J.  Q.  Adams  84 

Crawford  41 

Clay  37 

No  one  had  a  majority,  although  Jackson  stood  highest  on 
the  list.  The  House  elected  Adams.  After  this  there  grew 
up  the  custom  of  nominating  by  a  great  national  conven- 
tion of  each  party.  The  usual  number  of  delegates  is  two 
for  each  congressional  district  and  four  at  large  from  each 
State,  making  about  a  thousand  delegates.  Usually  many 
names  of  prominent  candidates  are  placed  before  this  con- 
vention, names  of  men  that  have  been  discussed  in  the  press 
of  the  country  for  weeks  or  months  before.  Hence  it  is 
probably  true  that  the  convention  reflects  fairly  well  the 
public  sentiment  of  the  party.  "At  Chicago  in  1896,  Mr. 
Bryan,  who  had  already  been  selected  by  a  large  fraction  of 
the  Democratic  party  as  their  candidate,  came  forward  and 
made  a  speech  which  at  once  stamped  him  as  a  leader  and 
greatly  aided  him  to  get  the  nomination ' '  (Hart) .  The  nom- 
ination of  Lincoln  in  1860,  and  the  nomination  of  Bryan  in 
1896  and  again  in  1908,  were  events  of  the  most  spectacular 
and  demonstrative  nature.  The  choosing  of  delegates  to 
the  national  convention  is  done  by  a  State  convention,  the 
discussion  of  which  must  be  deferred  to  our  treatment  of 
State  nominations  and  elections  in  a  later  chapter.  When 
the  national  convention  has  nominated  its  candidate  for 
the  presidency,  and  adopted  the  party  platform,  its  work 
is  done  forever.  The  next  step  is  the  campaign,  and  then 
follows  the  election. 


64  THE  FEDERAL  GOVERNMENT  IN  ACTION 

Election  of  President. — After  a  hot  "campaign"  of 
three  or  four  months,  the  November  election  occurs.  The 
question  may  well  be  asked,  Is  the  President  elected  in  No- 
vember or  in  January?  The  people  vote  in  November;  the 
presidential  Electors  in  January,  balloting  separately  for 
President  and  Vice  President  as  provided  in  the  Twelfth 
Amendment.  If  we  should  read  the  Constitution  carefully, 
and  stop  at  that,  we  should  say,  in  January.  But  the  " un- 
written constitution,"  i.  e.,  our  settled  custom,  has  made 
it  November. 

The  question  resolves  itself  into  this:  Is  the  President 
elected  by  the  people,  or  by  the  electoral  college?  The 
"electoral  college"  means,  of  course,  the  presidential  Elect- 
ors, provided  for  in  the  Twelfth  Amendment,  and  chosen 
by  the  people  in  November.  The  people  do  not  vote  for 
the  President.  Yet  they  elect  him,  paradoxical  as  this 
may  seem.  The  Constitution  intended  that  the  electoral 
college  should  both  nominate  and  elect,  in  one  act,  the 
President  of  the  United  States,  and  should  individually  use 
their  independent  judgment  in  doing  it.  Now  the  national 
convention  nominates  the  presidential  candidate ;  his  name 
is  placed  on  the  November  ballot  at  the  head  of  the  list  of 
Electors;  and  in  no  case,  since  1796,  has  an  Elector  cast  his 
ballot  in  opposition  to  the  expectation  of  the  party  that 
chose  him  Elector.  Hence  it  is  clear  that  the  people  in 
voting  for  these  Electors  in  reality  choose  a  President,  and 
the  Elector  has  become  a  mere  wooden  counter. 

Some  Results  of  the  Electoral  College. — Nor  is  this 
all.  A  man  may  be,  and  often  has  been,  elected  President 
by  a  minority  of  popular  votes.  Thus  in  1876  Hayes,  the 


THE  EXECUTIVE:  THE  PRESIDENT  65 

successful  candidate,  received  only  4,033,708  votes  as 
against  4,285,992  given  for  Tilden.  In  1888  the  popular 
vote  was,  for  Harrison,  5,440,216;  for  Cleveland,  5,538,233; 
Cleveland's  plurality,  98,017 :  yet  Harrison  was  elected,  the 
electoral  vote  being  233  to  168  in  his  favor. 

In  1884  New  York  had  36  electoral  votes. .  In  the  election 
that  year  the  Republican  candidate  received  549,450  popu- 
lar votes;  the  Democratic  550,550,  or  a  popular  plurality  of 
1,100.  This,  of  course,  turned  the  whole  36  electoral  votes 
to  the  Democrats,  and  the  549,450  Republican  voters  of  the 
state  were  " silent"  as  far  as  influencing  the  choice  of  Presi- 
dent was  concerned.  Each  State  votes  as  a  unit — the  mi- 
nority, however  large,  not  being  represented,  because  each 
voter  in  the  State  has  a  vote  for  the  entire  list  of  Electors.1 
Thus  in  1908  the  voter  in  New  York  voted  for  39  Electors; 
in  North  Dakota  for  4;  in  Wyoming  for  3.  A  minority  of 
one  third,  or  even  less,  may  elect  a  President  under  this 
system.  This  defect  of  "unit"  voting  could  be  cured  by  al- 
lowing each  voter  to  vote  for  but  one,  or  at  most  two,  Elect- 
ors, i.  e.,  one  from  his  own  congressional  district,  and  one 
"at  large." 

Qualifications,  Term,  Salary. — The  qualifications  of  the 
President  have  been  clearly  named  by  the  Constitution  and 
cannot  be  changed  by  Congress.  He  must  be  a  native  Amer- 
ican, at  least  35  years  old,  and  must  have  resided  at  least 
14  years  within  the  United  States.  No  religious  test  can 

1 "  It  is  an  odd  result  of  the  system  that  the  bestowal  of  the  suffrage  on 
the  negroes  has  operated  against  the  Republican  party  which  bestowed  it. 
The  Southern  States  have  in  respect  of  this  increase  in  their  voting  popu- 
lation received  37  additional  presidential  votes,  and  these  have  in  the  last 
two  elections  (1880  and  1884)  been  all  thrown  for  the  Democratic  candi- 
date." Bryce,  "  American  Commonwealth,"  Vol.  I,  p.  41,  note. 
Govt.  No.  Dak.— 5 


66     THE  FEDERAL  GOVERNMENT  IN  ACTION 

be  required  of  him.  He  must  take  this  oath  before  enter- 
ing upon  the  duties  of  office : 

"I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully 
execute  the  office  of  President  of  the  United  States  and  will 
to  the  best  of  my  ability  preserve,  protect  and  defend  the 
Constitution  of  the  United  States."  The  term  is  four  years ; 
nine  Presidents  have  been  reflected.  No  President  has 
ever  been  elected  to  a  third  term,  and  the  country  is  now 
apparently  set  against  a  third  term.  The  salary  is  deter- 
mined by  Congress,  but  cannot  be  increased  or  decreased  to 
any  President  during  the  period  for  which  he  is  elected;  any 
change  must  take  effect  in  the  succeeding  administration. 
The  salary  was  set  in  1790  at  $25,000  a  year,  an  enormous 
sum  for  that  day.  In  1871  it  was  made  $50,000.  In  1909 
it  was  made  $75,000,  a  sum  much  below  that  paid  by  many 
business  corporations  to  their  presidents. 

Presidential  Succession. — The  Vice  President  assumes 
the  office  of  President  in  case  of  the  death  or  disability  of 
the  President.  Should  the  Vice*  President  also  die,  the 
succession  would  then  be  as  follows:  (1)  Secretary  of  State; 
(2)  Secretary  of  the  Treasury;  (3)  Secretary  of  War;  (4) 
Attorney-General;  (5)  Postmaster-General;  (6)  Secretary  of 
the  Navy;  and  (7)  Secretary  of  the  Interior. 

Powers  and  Duties.— In  Washington  the  President 
lives  in  the  White  House,  which  Hart  describes  as  "  a  stately 
building  beautifully  situated  on  a  rise  which  sweeps  down 
to  the  Potomac  flats,  with  superb  drawing  rooms  used  for 
the  entertainment  of  visitors.  ..."  The  social  life  here  is 
rather  strenuous.  " Large  numbers  of  people,"  continues 
Hart,  "  including  whole  visiting  societies  or  their  delega- 


THE  EXECUTIVE:  THE  PRESIDENT 


67 


tions,  go  to  pay  their  respects  at  the  White  House.  Mem- 
bers of  the  Cabinet  have  the  entree  of  the  President's  office 
at  all  times,  and  many  Senators  and  members  of  the  House 
have  an  equally  undisturbed  privilege  of  access  for  them- 
selves and  their  constituents  and  friends.  Indeed,  Presi- 
dents sometimes  find  it  hard  to  get  to  their  meals  because 


The  White  House 

of  the  pressure  of  callers."1  President  Harrison  speaks  of 
the  daily  life  of  the  President  in  these  interesting  words: 
"The  mail  that  comes  daily  to  the  Executive  Mansion  is 
very  large;  in  the  early  months  of  an  administration  it  is 
enormous,  as  many  as  eight  hundred  letters  being  some- 
times received  in  a  single  day.  But  few  of  these  letters 
reach  the  President's  desk.  The  mail  is  sorted  by  a  trusted 

1  Hart,  "Actual  Government,"  pp.  267,  268. 


68  THE  FEDERAL  GOVERNMENT  IN  ACTION 

and  confidential  clerk;  family  and  personal  letters  are  sent 
unopened  to  the  persons  to  whom  they  are  addressed; 
letters  relating  to  appointments  are,  as  a  rule,  acknowledged 
by  one  of  the  clerks,  and  referred  to  the  proper  Depart- 
ment ;  and  only  those  that  relate  to  the  more  important  ap- 
pointments and  to  matters  of  public  interest  are  sent  to  the 
President's  desk.  .  .  .  Letters  can  be  turned  over  to  clerks, 
but  callers  are  not  to  be  so  disposed  of.  Unless  the  Presi- 
dent is  very  early,  he  will  find  some  callers  waiting  for  him 
as  he  passes  through  the  Cabinet  room  to  his  offices.  .  .  . 
His  time  is  so  broken  into  bits  that  he  is  often  driven  to 
late  night  work,  or  to  set  up  a  desk  in  his  bedroom,  when 
preparing  a  message  or  other  paper  requiring  unbroken  at- 
tention. .  .  .  The-  grounds  of  the  Executive  Mansion  are 
now  practically  a  public  park ;  for,  though  enclosed  by  high 
iron  fences,  the  gates  stand  open,  save  that  the  gates  to  the 
grounds  south  of  the  house  are  closed  and  locked  at  night. 
The  driveway  in  front  is  a  thoroughfare,  and  the  walks  are 
used  as  freely  as  the  sidewalks  of  the  city.  Until  screens 
were  placed  in  the  windows  of  the  private  dining-room,  it 
was  not  an  unusual  incident  for  a  carriage  to  stop  in  front  of 
them  while  the  occupants  took  a  gratified  view  of  the  Presi- 
dent and  his  family  at  their  breakfast  or  lunch.  .  .  .  There 
is  not  a  square  foot  of  ground,  not  a  bench  nor  shade  tree, 
that  the  President  or  his  family  can  use  in  privacy."  l 

We  may  say  that  the  constitutional  requirement,  "He 
shall  take  care  that  the  laws  be  faithfully  executed,"  sums 
up,  in  a  general  way,  the  official  duties  of  the  President. 
However,  on  a  closer  examination,  we  find  that  he  is  en- 

1  Harrison,  "This  Country  of  Ours,"  Ch.  10. 


THE  EXECUTIVE:  THE  PRESIDENT  69 

dowed  with  five  distinct  powers  and  corresponding  duties, 
which  may  be  considered  under  the  following  heads:  (1) 
Military  power;  (2)  Treaty-making  power;  (3)  Pardoning 
power;  (4)  Appointing  power;  (5)  Legislative  power. 

1.  Military  Power. — Congress  declares  war.    The  Presi- 
dent cannot  declare  war.     But  he  is  the  commander  in 
chief  of  the  army  and  navy  of  the  United  States,  and  also 
of  the  militia  of  the  several  States  when  called  into  actual 
service  of  the  United  States.    The  President,  in  case  of  war, 
does  not,  of  course,  take  actual  command  in  the  field,  but 
directs  the  war  in  a  general  way,  as  did  Lincoln,  by  instruct- 
ing commanders  to  make  certain  campaigns,  by  suggesting 
important  movements,  and  by  displacing  poor  officers  and 
appointing  better  ones  in  their  place. 

2.  Treaty-Making  Power. — Neither  Congress  nor  the 
President  can  make  treaties.     The  treaty-making  power 
is  given  to  the  President  in  connection  with  the  Senate. 
The  initiative  and  the  negotiations  with  a  foreign  power 
leading  up  to  the  treaty  are  in  the  President's  hands  alone. 
The  proposed  treaty  then  goes  before  the  Senate,  and  if 
two  thirds  of  the  Senators  present  concur,  the  treaty  is  rati- 
fied when  the  President  signs  it.    If  less  than  two  thirds 
concur,  the  President  has  no  right  to  sign  it,  and  the  pro- 
posed treaty  is  rejected.    A  treaty  is  part  of  the  supreme 
law  of  the  land,  and  hence  the  power  to  make  treaties  is 
expressly  forbidden  to  the  States. 

3.  Pardoning  Power. — "And  he  shall  have  power  to 
grant  reprieves  and  pardons  for  offenses  against  the  United 
States,  except  in  cases  of  impeachment."     Since  the  ap- 
pointees of  the  President,  and  even  the  President  himself, 


70  THE  FEDERAL  GOVERNMENT  IN  ACTION 

are  liable  to  impeachment,  it  would  not  be  wise  to  give  him 
the  pardoning  power  in  such  cases.  A  reprieve  is  a  tempo- 
rary postponement  of  the  execution  of  a  sentence.  The 
President  has  power  to  change  or  " commute7'  a  sentence, 
as  well  as  to  pardon.  He  may  commute  a  death  sentence  to 
a  term  of  imprisonment,  for  instance. 

4.  Appointing  Power. — The  appointing  power,  like 
the  treaty-making  power,  is  shared  by  the  Senate.  "He 
shall  nominate,  and  by  and  with  the  advice  and  consent  of 
the  Senate,  shall  appoint  ambassadors,  other  public  minis- 
ters and  consuls,  judges  of  the  Supreme  Court,  and  all 
other  officers  of  the  United  States,  whose  appointments  are 
not  herein  otherwise  provided  for,  and  which  shall  be  es- 
tablished by  law;  but  Congress  may  by  law  vest  the  ap- 
pointment of  such  inferior  officers,  as  they  think  proper,  in 
the  President  alone,  in  the  courts  of  law,  or  in  the  heads 
of  departments."  Since  the  appointing  power  extends  to 
all  commissioned  officers  in  the  army  and  navy,  all  Federal 
judges,  and  to  many  thousands  of  civil  officials,  including 
60,000  postmasters,  the  appointment  of  a  large  number  of 
subordinate  officials  has  been  given  to  the  heads  of  depart- 
ments. 

Senatorial  Courtesy. — The  President  sends  his  nomina- 
tions for  'appointments  to  the  Senate.  The  Senate  then 
meets  in  "executive  session,"  that  is,  secret  session,  to 
consider  the  names  sent  in.  The  appointment  is  ratified  by 
a  majority  vote  of  the  Senators  present;  but  usually, 
through  the  "courtesy  of  the  Senate,"  the  candidate  for  the 
office  within  any  State  must  be  satisfactory  to  the  Senators 
from  that  State,  if  of  the  majority  party.  The  President 


THE  EXECUTIVE:  THE  PRESIDENT  71 

must  comply  with  this  unwritten  rule  of  "senatorial  cour- 
tesy" or  have  his  appointment  rejected  in  the  secret  session. 
This  really  gives  the  bulk  of  presidential  appointments  to 
the  Senate.  It  leaves  to  the  President  his  own  Cabinet  ap- 
pointments and  a  few  foreign  offices.  Beyond  that  the 
lion's  share  of  national  patronage  goes  to  the  Senate. 

The  Spoils  System  and  the  Civil  Service. — The  national 
civil  service  includes  all  appointed  Federal  officials  except- 
ing those  in  the  military  and  naval  service  and  the  judiciary. 
Congressmen  are  not  civil  officers.  Along  with  the  Presi- 
dent's power  to  appoint  goes  the  power  of  removal  of  those 
in  the  civil  service,  a  power  which  is  absolute  in  his  hands, 
not  requiring  the  consent  of  the  Senate.  Military  and  naval 
officers  are  removed  by  court-martial;  judges,  only  by  im- 
peachment. About  the  time  of  President  Jackson  the 
power  of  removal  of  civil  officers  began  to  be  shamefully 
abused.  The  so-called  " spoils  system"  was  introduced, 
whereby  persons  were  turned  out  of  office  or  placed  in  office 
on  purely  partisan  grounds  without  regard  to  questions  of 
real  merit  or  fitness.  Little  was  done  to  remedy  this  evil 
till  a  disappointed  "office  seeker  had  assassinated  President 
Garfield.  This  was  a  fearful  price  to  pay  for  the  Civil  Serv- 
ice Law  of  1883,  which  was  the  beginning  of  a  better  day. 
This  law  established  a  Civil  Service  Commission  and  a 
Classified  Civil  Service.  Persons  secure  office  on  the  classi- 
fied civil  service  list  only  after  passing  an  examination. 
These  examinations  are  widely  advertised,  are  held  at  con- 
venient places,  and  are  open  to  the  public.  At  first  but  few 
civil  service  positions  were  placed  on  the  classified  list.  By 
orders  of  the  Presidents  this  list  has  been  extended  from 


72  THE  FEDERAL  GOVERNMENT  IN  ACTION 

time  to  time  until  it  now  includes  clerical  positions  of  many 
kinds,  and  even  consuls.  No  appointments  requiring  the 
ratification  of  the  Senate  (except  consuls)  come  under  the 
classified  civil  service. 

The  chief  virtue  of  the  competitive  examination  system 
of  appointment  is  that  it  substitutes  a  merit  system  for  a 
spoils  system;  its  chief  defect  is  that  it  fences  in  as  well  as 
fences  out  some  undesirables. 

5.  Legislative  Power. — In  theory  we  have  a  separa- 
tion of  powers  of  government,  but  in  practice  this  separa- 
tion is  not  complete.  The  President  does  have  some  voice 
in  lawmaking,  in  spite  of  the  fact  that  "all  legislative 
powers,"  according  to  the  Constitution,  are  to  be  "vested 
in  a  Congress."  The  President  can  exert  a  vast  influence 
over  legislation  by  his  right  to  convene  Congress  in  special 
sessions,  to  send  messages  to  Congress,  and  to  veto  bills 
passed  by  Congress. 

The  annual  message  of  the  President  to  Congress  is  an 
important  statement  of  the  work  of  the  executive  branch 
and  other  branches,  finished  and  unfinished,  with  recom- 
mendations to  Congress  as  to  a  needed  program  of  legis- 
lation. Rarely,  however,  does  Congress  attempt  to  carry 
out  any  but  the  most  pressing  of  the  measures  taken  up  in 
the  message.  During  the  session  the  President  often  sends 
a  special  message  to  Congress  dealing  with  matters  of  im- 
mediate importance.  Thus  McKinley,  on  the  eve  of  the 
outbreak  of  war  with  Spain  in  1898,  sent  in  a  special  mes- 
sage asking  for  money  for  the  army  and  navy.  Within  two 
hours  the  House  of  Representatives  had  passed  the  appro- 
priation bill. 


THE  EXECUTIVE:  THE  PRESIDENT  73 

The  veto  power  gives  the  President  opportunity  to  ex- 
press his  objections  to  a  bill  in  writing,  and  is  the  most  im- 
portant control  over  legislation  exercised  by  him.  Thus 
it  was  because  of  the  veto  power  that  President  Taft 
was  able  to  secure  certain  provisions  in  the  important  Payne 
Tariff  bill  of  1909.  When  the  House  bill  passed  the  Senate, 
after  amendment,  it  was  understood  that  the  amended  bill, 
if  repassed  by  the  House,  would  be  vetoed  by  the  President, 
and  that  it  could  not  pass  over  his  veto  by  the  two  thirds 
majority  required  by  the  Constitution.  To  escape  this  veto, 
the  bill  was  left  to  a  conference  committee  of  both  houses, 
changes  were  made  acceptable  to  the  President,  and  as  thus 
finally  amended,  the  bill  was  duly  passed  and  signed.  Very 
rarely  has  Congress  succeeded  in  passing  a  bill  over  the 
President's  veto,  although  the  attempt  has  often  been  made. 

If  the  President  neither  vetoes  nor  signs  a  bill  within  ten 
days,  it  becomes  a  law  anyway,  if  Congress  is  still  in  session. 
If  Congress  meanwhile  has  adjourned,  he  may  sign  the  bill 
within  the  ten  days  and  thus  make  it  a  law,  or  he  may  lay 
it  aside  unsigned  without  giving  any  reasons,  thus  defeating 
it.  This  method  of  killing  a  bill  by  neglect  is  called  the 
"  Pocket  Veto."  Some  state  executives  have  the  power  of 
pocket  veto,  but  in  North  Dakota  it  is  forbidden  by  the 
State  constitution. 

Impeachment. — If  the  President  is  thought  to  abuse 
his  powers,  he  can  be  "impeached/7  i.  e.,  accused,  by  the 
House  of  Representatives.  Thus  the  House  impeached 
President  Andrew  Johnson.  The  Senate  sits  as  a  court  to 
try  the  impeachment  charges,  the  Chief  Justice  of  the  Su- 
preme Court  presiding.  President  Johnson  was  fortunately 


74  THE  FEDERAL  GOVERNMENT  IN  ACTION 

acquitted  of  the  many  charges  against  him,  and  thus  a  sub- 
ordination of  the  President  to  Congress  was  avoided. 

Vice  President.  — The  term  and  qualifications  of  the  Vice 
President  were  of  course  made  the  same  as  those  of  the  Presi- 
dent, since  the  Vice  President  may  be  called  to  the  higher 
office  at  any  time.  His  salary  is  112,000  per  year.  His 
chief  duty  is  to  preside  over  the  Senate.  He  has  no  vote, 
except  in  case  of  a  tie.  The  Senate  elects  for  itself  a  presi- 
dent pro  tempore,  who  is  one  of  its  own  members,  and  who 
presides  in  the  absence  of  the  Vice  President.  As  the  Sen- 
ate also  elects  the  members  of  its  standing  committees,  in- 
stead of  having  them  appointed  by  the  presiding  officer,  it 
is  evident  that  the  duties  of  the  Vice  President  are  very 

light. 

QUESTIONS  ON  THE  TEXT 

1.  How  many  men  are  employed  in  each  of  the  three  branches  of 

our  Federal  government? 

2.  Which  branch  is  nearest  the  daily  lives  of  the  citizens? 

3.  What  kind  of  man  is  needed  for  the  presidency? 

4.  In  what  way  did  the  Constitution  prepare  for  the  nomination  of 

President? 

5.  How  did  the  plan  work? 

6.  What  is  the  present  method?    How  does  it  work? 

7.  How  can  a  minority  now  elect  the  President? 

8.  What  two  Presidents  were  elected  by  the  House  of  Representa- 

tives?   Why  was  this? 

9.  How  is  the  President  elected?    When? 

10.  Criticize  carefully  the  electoral  college.    How  could  it  be  im- 

proved? 

11.  Give  the  qualifications,  term,  and  salary  of  the  President. 

12.  What  is  the  order  of  presidential  succession? 

13.  What  are  the  general  duties  of  the  President? 

14.  What  are  the  five  constitutional  powers  and  duties  of  the 

President? 


THE  EXECUTIVE:  THE  PRESIDENT  75 

15.  What  is  senatorial  courtesy?    The  spoils  system? 

16.  What   is  the   civil  service?     What   are   the  virtues  and  the 

weaknesses  of   civil  service  reform  and  the  classified  civil 
service? 

17.  Explain  impeachment,  and  the  manner  of  trial  of  an  impeach- 

ment of  the  President. 

18.  What  are  the  qualifications  and  duties  of  the  Vice  President? 

QUESTIONS  SUGGESTED  BY  THE  TEXT 

1.  Give  the  electoral  and  popular  vote  for  President  in  1888  in 

each  State. 

2.  Give  an  account  of  Hayes's  election.    Was  it  legal? 

3.  What  are  the  advantages  and  disadvantages  of  an  Electoral 

College? 

REFERENCES 

Bryce,  "American  Commonwealth,"  Vol.  I,  Chs.  5-8. 
Harrison,  "This  Country  of  Ours,"  Chs.  4-10. 
Hart,  "Actual  Government,"  Chs.  15,  16. 
Wilson,  "Tin  State,"  pp.  542-550. 
Cooley,  "Principles  of  Constitutional  Law,"  pp.  103-110. 
McClain,  "Constitutional  Law  in  the  United  States,"  pp.  197-218. 
Stanwood,  "A  History  of  Presidential  Elections,"  Chs.  1,  2,  5,  6, 
11,  24. 


CHAPTER  VII 

THE  EXECUTIVE  (CONTINUED):  THE  DEPARTMENTS 

"  He  (the  President)  may  require  the  opinion,  in  writing,  of  the  prin- 
cipal officer  in  each  of  the  executive  departments,  upon  any  subject 
relating  to  the  duties  of  their  respective  offices. 

"  Congress  may  by  law  vest  the  appointment  of  such  inferior  officers, 
as  they  think  proper  .  .  .  in  the  heads  of  departments."  Constitution, 
Art.  II,  sec.  II. 

The  Cabinet. — Only  twice  does  the  Constitution  re- 
fer to  the  Cabinet,  and  then  in  the  somewhat  ambiguous 
words  quoted  above.  Beginning  in  1789  with  three  depart- 
ments,— State,  Treasury,  and  War, — Congress  has  in- 
creased the  list  from  time  to  time,  till  at  present  we  have 
nine  departments.1  Other  departments  will  doubtless  be 
added  later;  the  question  of  a  department  of  health,  for  ex- 
ample, is  now  being  agitated. 

The  word  " Cabinet"  is  adopted  from  the  name  of  the 
body  of  public  ministers  who  possess  the  executive  au- 
thority of  the  English  government.  These  ministers  are 
chosen  from  the  party  possessing  a  majority  in  the  House 
of  Commons,  and  they  have  seats  in  Parliament  and  par- 
ticipate in  its  debates  and  proceedings.  In  fact  the  British 
Cabinet  frames  the  important  bills  and  is  held  responsible 

1  Dates  of  organization  of  departments: 

State,  1789;  Treasury,  1789;  War,  1789;  Post  Office,  1794;  Navy,  1798;  In- 
terior, 1849;  Department  of  Justice,  1870;  Agriculture,  1889;  Commerce 
and  Labor,  1903. 

76 


THE  EXECUTIVE:  THE  DEPARTMENTS       77 

for  them  by  the  people  of  the  land.  The  British  Cabinet 
must  therefore  stand  or  fall  solely  by  the  success  of  their 
own  bills.  And  since  a  new  election  can  be  held  at  any 
time,  whenever  needed,  the  British  Cabinet  has  become  very 
representative  of  the  people,  so  that  Great  Britain  has,  in 
spirit,  a  republican  form  of  government. 

In  the  United  States,  however,  Cabinet  members  cannot 
be  members  of  Congress:  they  can  take  part  in  legislation 
only  indirectly — by  their  regular  pujblished  reports,  by  in- 
terviews with  chairmen  of  congressional  committees,  etc. 
This  reduces  their  influence  on  legislation  almost  to  nothing. 
They  are  the  President's  advisers.  He  is  not  bound  to  take 
or  to  follow  their  advice;  he  may  remove  Cabinet  members 
at  pleasure.  Pierce,  the  weakest  President,  is  said  to  have 
put  important  questions  to  a  vote  of  his  Cabinet  and  to 
have  followed  the  majority.  Lincoln  would  sometimes  an- 
nounce his  decision  in  advance  to  his  Cabinet  and  then  ask 
for  their  discussion,  not  their  approval. 

Students  of  our  government  have  often  debated  the  prob- 
able benefits  of  giving  the  Cabinet  members  seats  in  Con- 
gress, where  they  might  influence  legislation  more  directly. 

Appointment,  Removal,  Salary.  —  The  President  has 
power  to  appoint  his  Cabinet  members,  with  the  consent  of 
the  Senate.  His  power  of  removal  is  absolute.  President 
Roosevelt  made  many  changes  in  his  Cabinet.  The  salary 
of  a  Cabinet  member  is  fixed  by  Congress  at  $12,000  a  year. 

1.  State. — The  Secretary  of  State  ranks  first  in  the  Cab- 
inet. Ex-President  Harrison  described  the  office  force  of 
the  secretary  as  consisting  of  "  three  assistant  secretaries, 
one  chief  clerk,  six  chiefs  of  bureaus,  one  translator,  one 


78  THE  FEDERAL  GOVERNMENT  IN  ACTION 

private  secretary  to  the  Secretary,  fifty-seven  clerks  of  the 
various  classes,  three  despatch  agents — one  at  London,  one 
at  New  York,  and  one  at  San  Francisco — and  four  messen- 
gers." Among  the  great  Americans  who  have  served  as 
Secretary  of  State  are  Jefferson,  Madison,  Monroe,  John 
Quincy  Adams,  Daniel  Webster,  and  John  Hay.  Much  de- 
pends upon  the  common  sense  and  tact  of  the  Secretary  of 
State,  since  all  correspondence  with  foreign  governments  is 
conducted  by  him  under  the  direction  of  the  President.  In 
a  time  of  crisis  he  may  even  save  his  country  from  war. 
The  first  name  of  this  department  was  "the  Department  of 
Foreign  Affairs." 

Diplomatic  Service. — To  carry  on  our  official,  or  diplo- 
matic, intercourse  with  foreign  sovereigns  and  govern- 
ments, we  employ  ministers  or  diplomatic  agents.  There 
are  four  grades  of  these,  ranking  as  follows:  (1)  Ambassa- 
dors; (2)  Ministers  Plenipotentiary;  (3)  Ministers  Resident ; 
and  (4)  Charges  d' Affaires.  The  principal  duties  of  these 
ministers,  aside  from  their  exacting  social  functions,  are  the 
negotiation  of  treaties,  the  adjustment  of  claims  and  dis- 
putes between  the  two  governments,  and  the  reporting  to 
the  Secretary  of  State  of  significant  political  happenings. 
One  criticism  of  the  American  diplomatic  service  is  that  the 
salary  is  so  small  ($17,500  or  less)  that  the  diplomat,  es- 
pecially in  large  capitals  like  London,  Paris,  and  Berlin, 
cannot  live  on  it  or  even  pay  his  rent  with  it,  but  must  draw 
on  his  private  fortune.  In  other  words,  only  a  rich  man  can 
accept  and  hold  the  appointment.  Foreign  governments 
pay  higher  salaries  and  in  addition  furnish  houses  for  their 
ambassadors. 


THE  EXECUTIVE:  THE  DEPARTMENTS       79 

Consular  Service. — The  business  side  of  our  foreign  es- 
tablishment is  called  the  Consular  Service.  There  are  some 
fifteen  hundred  persons  in  this  service,  now  chosen  under 
civil  service  examinations,  and  located  at  all  important 
commercial  cities  and  towns  of  the  world.  The  consul's 
duties  are  to  act  as  guardian  of  American  commerce,  keep  a 
record  of  the  arrival  and  departure  of  American  ships  and 
their  cargoes,  report  any  new  inventions  and  improvements 
in  manufacturing,  commerce,  and  agriculture,  and  render 
protection  and  assistance  to  Americans  in  distress,  espe- 
cially American  sailors.  Consuls  are  ranked  as  (1)  consuls 
general  at  capital  cities,  (2)  consuls,  (3)  vice  consuls,  and 
(4)  consular  agents,  a  kind  of  deputy  for  a  consul.  The 
salary  is  low,  ranging  from  $1,000  to  $12,000.  Professor 
Hart  tells  us  that  ''consuls  have  a  variety  of  social  functions 
not  set  forth  in  their  instructions :  they  are  expected  to  in- 
vite distinguished  visiting  Americans  to  dinner;  to  lend 
money  to  the  American  whose  draft  has  not  come;  to  rec- 
ommend lodgings,  and  to  quarrel  with  the  proprietors  if 
the  tenants  are  dissatisfied.  A  former  consul  at  Geneva  de- 
clares that  he  was  called  upon  to  tell  where  real  American 
chewing  tobacco  could  be  obtained,  to  forbid  the  French 
government  to  examine  a  lady's  trunk  at  the  frontier,  and 
to  decide  how  '  bombshell'  should  be  pronounced."  1 

The  criticisms  of  our  consular  service  are,  that  the  salary 
is  too  low,  that  the  consul  is  thus  forced  to  live  in  a  style 
without  such  dignity  as  to  command  the  respect  of  the 
foreign  population  about  him,  and  that  often  the  consul 
cannot  speak  the  language  of  the  country  where  he  re- 

1  Hart,  "Actual  Government,"  p.  439. 


80  THE  FEDERAL  GOVERNMENT  IN  ACTION 

sides.  But  in  recent  years  there  are  many  signs  of  improve- 
ment. 

2.  Treasury. — The  Treasury  Department  is  the  collect- 
ing and  disbursing  agency  of  the  government.  It  has  some- 
times been  called  the  " steam-plant"  from  which  all  other 
departments  get  their  power,  since x  without  revenue  all 
operations  of  government  would  soon  cease.  The  Secretary 
of  the  Treasury  is  second  in  dignity  only  to  the  Secretary  of 
State.  Hamilton,  the  first  Secretary  of  the  Treasury,  was 
able,  by  his  luminous  and  masterly  reports  to  Congress,  to 
shape  legislation  on  financial  subjects,  notably  the  creation 
of  a  mint,  the  adoption  of  a  national  coinage  system,  the 
restoration  of  public  credit,,  and  the  establishment  of  the 
first  tariff  system.  While  Congress  holds  the  purse  strings, 
yet  the  Secretary  of  the  Treasury  annually  submits  to  Con- 
gress a  "budget,"  or  estimate  of  receipts  and  expenses  for 
the  coming  year,  and  a  record  of  the  receipts  and  expenses 
of  the  past  year.  This  gives  Congress  a  good  working  basis 
in  making  appropriations.  It  must  be  confessed,  however, 
that  too  little  regard  is  paid  to  this  estimate  of  the  Secretary 
of  the  Treasury.  Seldom  do  the  appropriations  of  Congress 
fit  the  income  provided  for  by  Congress.  In  case  of  a  short- 
age, or  deficit,  as  it  is  called,  the  Secretary  of  the  Treasury 
is  often  forced  to  borrow. 

In  addition  to  acting  as  bookkeeper  and  custodian  of  the 
funds  of  the  government,  the  Secretary  of  the  Treasury  is 
charged  with  the  very  heavy  duties  of  coining  all  gold, 
silver,  and  other  coins  issued,  and  of  supervising  the  seven 
thousand  national  banks  and  issuing  to  them  the  paper 
money  which  they  use.  His  influence  over  the  money  of 


THE  EXECUTIVE:  THE  DEPARTMENTS  81 

the  country  and  over  the  banking  system  is  very  great  in- 
deed, affecting  Wall  Street  itself,  for  good  or  for  ill,  accord- 
ing to  the  wisdom  of  the  secretary.  This  subject  is  one 
which  cannot  be  adequately  discussed  here,  but  will  be 
treated  in  a  later  chapter,  on  "Public  Finance,  Money,  and 
Banking,"  page  139. 

3.  War. — Compared  with  foreign  countries,  the  United 
States  has  a  very  small  army,  the  limit  being  100,000  en- 
listed men.  The  actual  number  is  now  about  70,000  men. 
The  Secretary  of  War  supervises  the  organization,  equip- 
ment, and  general  movements  of  the  army.  Our  many 
years  of  unbroken  peace  with  other  great  powers,  and  our 
wide  separation  from  the  warlike  powers  of  Europe  and 
Asia,  make  it  a  difficult  matter  to  maintain  the  army  in  a 
state  of  full  preparation  for  instant  war.  After  the  Spanish- 
American  War,  the  army  was  divided  into  two  separate 
branches — the  general  staff  and  the  line.  The  staff  consists 
of  forty-five  officers  from  the  army,  whose  duty  is  to  prepare 
plans  of  defense,  investigate  and  study  the  efficiency  of  the 
army,  coordinate  and  unify  the  work  of  the  different  de- 
partments, especially  the  feeding  of  the  army,  the  furnish- 
ing of  transportation,  ordnance,  clothing,  medicine,  intel- 
ligence, etc.  This  is  as  necessary  as  fighting,  indeed,  makes 
fighting  possible.  The  line  is  the  fighting  part  of  the  army. 
In  this  branch  our  army,  in  proportion  to  its  numbers,  is 
equal  to  any  in  the  world.  The  grades  of  officers  are  major 
general,  brigadier  general,  colonel,  lieutenant  colonel,  major, 
captain,  first  lieutenant,  and  second  lieutenant.  The  pay 
runs  from  $8,000  a  year  down  to  $1,700  for  a  second 
lieutenant. 

Govt.  No.  Dak.— 6 


82 


THE  FEDERAL  GOVERNMENT  IN  ACTION 


A  Military  Academy  is  provided  at  West  Point  for  the 
training  of  officers.  Most  of  the  cadets  are  appointed  by 
members  of  Congress,  upon  competitive  examination;  they 
receive  $540  a  year.  Upon  graduation  they  are  commis- 
sioned as  second  lieutenants.  It  is  possible,  although  diffi- 
cult, to  secure  a  commission  in  the  army  as  second  lieuten- 


Monument  at  West  Point 

ant,  without  first  taking  the  West  Point  course  of  train- 
ing. Grant,  Sherman,  Lee,  and  most  of  the  other  great 
commanders  in  the  Civil  War  were  graduates  of  West 
Point. 

4.  Justice. — The  work  of  the  Department  of  Justice  is 
"very  large,  very  responsible,  and  very  various."  The 
United  States  is  a  party  to  much  litigation,  both  civil  and 


THE  EXECUTIVE:  THE  DEPARTMENTS       83 

criminal.  Much  evidence  must  be  collected  and  presented. 
Suits  against  great  industrial  corporations  must  be  prose- 
cuted with  energy,  skill,  and  persistence.  This  work  de- 
volves upon  the  Attorney-General,  in  charge'  of  this  de- 
partment, and  upon  his  assistants.  It  is  a  work  of  great 
importance  to  the  country.  The  Attorney-General  must 
also  give  advice,  when  asked,  to  the  President  and  to  other 
members  of  the  Cabinet,  on  legal  points  that  arise;  and  he 
must  supervise  the  work  and  activities  of  the  Federal  mar- 
shals and  district  attorneys  throughout  the  United  States. 
As  there  are  about  ninety  Federal  district  courts  in  the 
United  States,  each  having  its  own  judge,  attorney,  and 
marshal,  this  work  of  general  supervision  is  a  work  of  great 
magnitude,  as  well  as  of  very  vital  concern  to  the  nation 
(see  chapter  on  Federal  Judiciary,  page  128).  In  law 
enforcement,  the  President  must  rely  to  a  great  extent  on 
his  Attorney-General. 

5.  Post  Office. — There  is  only  one  large  business  in  this 
country  under  government  ownership  and  operation,  and 
that  is  the  business  of  the  Post  Office.  The  transportation 
of  mail  matter  is  a  government  monopoly.  Congress  has 
made  it  a  punishable  offense  for  any  private  person  or  com- 
pany to  carry  mail  matter  by  stated  trips  ov6r  any  mail 
route  or  between  any  places  where  the-  mail  is  regularly 
carried,  unless  such  mail  is  inclosed  in  stamped  envelopes. 
There  are  more  than  120,000  men  under  the  Post  Office  De- 
partment, and  about  60,000  post  offices.  The  annual  ex- 
penses are  more  than  $200,000,000,  and  the  receipts  a  few 
million  below  this  figure.  In  the  year  1908,  for  instance, 
the  expenditures  were  1208,351,886,  and  the  receipts 


84      THE  FEDERAL  GOVERNMENT  IN  ACTION 

$191,478,663,  leaving  a  deficit  of  $16,873,223  for  Congress 
to  make  up. 

John  Wanamaker,  when  Postmaster-General,  expressed 
the  true  aim  of  the  postal  service  in  these  words:  "I  want 
to  keep  the  mail  bag  open  to  the  latest  possible  minute, 
then  get  it  to  its  destination  in  the  shortest  possible  time, 
and  then  get  each  separate  piece  of  mail  to  the  person  for 
whom  it  is  meant  in  the  quickest  possible  way."  The  Post 
Office  Department  is  organized  to  carry  out  this  aim:  it 
is  now  rendering  "not  a  perfect  service,  but  a  high-class 
service."  There  are  some  counties  in  the  United  States  in 
which  the  mail  is  delivered  to  every  family  every  day.  It 
is  in  the  rural  free  delivery  of  mail  that  we  see  the  greatest 
growth  of  the  postal  service  in  recent  years. 

Organization  of  the  Department. — The  Post  Office  De- 
partment is  in  the  charge  of  the  Postmaster-General  and 
four  Assistant  Postmasters-General. 

Post  offices  are  divided  into  four  classes,  according  to  the 
amount  of  business  done.  About  55,000  post  offices  are  of 
the  fourth  class;  this  means  that  receipts  of  the  business 
done  in  each  of  these  offices  is  less  than  $1,000  a  year.  As 
soon  as  a  post  office  grows  to  the  $1,000  mark,  it  is  promoted 
to  the  third  class,  and  the  postmaster's  salary  advances 
accordingly.  The-  most  important  post  offices  are  of  the 
first  and  second  classes.  There  were,  in  July,  1907,  in  North 
Dakota,  800  post  offices,  classified  as  follows:  first  class,  2; 
second  class,  6;  third  class,  88;  fourth  class,  704.  On  Jan- 
uary 1,  1909,  the  numbers  were,  first  class,  2;  second 
class,  15;  third  class,  101;  fourth  class,  915,  total,  1,033. 

There  are  only  about  5,000  post  offices  in  the  United 


THE  EXECUTIVE:  THE  DEPARTMENTS       85 

States  in  the  first,  second,  and  third  classes.  The  President 
appoints  all  first,  second,  and  third-class  postmasters,  with 
the  "  consent  of  the  Senate."  This  means,  in  reality,  that 
the  Senators  from  a  State,  if  of  the  dominant  party,  name 
their  postmasters.  Fourth-class  postmasters  are  left  to  the 
Postmaster-General,  and  the  duty  of  appointing  them  has 
been  assigned  to  the  First  Assistant  Postmaster-General. 
The  President  has  recently  (1909),  by  executive  order,  put 
on  a  civil-service  basis  the  fourth-class  postmasters  east  of 
the  Mississippi  river  and  north  of  the  Ohio  river,  as  an  ex- 
periment. The  15,000  postal  clerks  in  the  railway  mail  serv- 
ice are  selected  strictly  by  the  Civil  Service  Commission, 
and  they  are  reexamined  at  frequent  intervals  to  keep  their 
efficiency  up  to  standard. 

Mail  matter  is  classified  into  four  classes.  Letters  are 
first  class,  and  must  pay  two  cents  an  ounce  postage.  This 
more  than  pays  the  cost  of  the  service.  Second-class  matter 
includes  newspapers  and  periodicals;  the  rate  is  one  cent  a 
pound  if  the  matter  is  sent  out  by  the  publishers  (one  cent 
for  four  ounces  if  sent  by  others).  This  involves  a  loss  to 
the  government  each  year,  since  the  bulk  of  all  mail  matter 
is  of  this  class,  and  pays  this  cheap  rate.  The  third  class 
comprises  books  and  other  printed  matter;  the  rate  is  one 
cent  for  two  ounces.  The  fourth  class  includes  merchan- 
dise, and  the  rate  is  one  cent  an  ounce. 

Free  Delivery. — In  cities  the  post  office  sends  a  letter 
carrier  to  each  house  for  the  daily  delivery  of  mail.  One 
carrier  in  this  way  can  serve  400  families  a  day.  In  the 
country  districts,  in  many  parts  of  the  nation,  a  system  of 
rural  free  delivery  is  now  in  successful  operation.  The 


86  THE  FEDERAL  GOVERNMENT  IN  ACTION 

systeni  is  rapidly  spreading  to  the  more  thinly  settled  por- 
tions. Like  the  handling  of  second-class  mail  matter,  this 
system  costs  the  government  more  than  it  brings  in.  How- 
ever, there  is  now  no  longer  any  question  as  to  its  value  to 
the  country.  With  the  growth  of  the  rural  free  delivery 
system,  the  number  of  small'  post  offices  has  rapidly  de- 
creased. In  1900  there  were  76,688  post  offices  in  the 
United  States;  in  1908  there  were  61,158,  a  decrease  of 
15,530  in  eight  years. 

Sending  Money  by  Mail. — The  post  office  transfers  money 
by  mail  in  two  ways :  (1)  For  a  fee  of  ten  cents  in  addition  to 
regular  postage,  the  post  office  " registers"  a  letter  con- 
taining money,  and  guarantees  the  safe  delivery  of  it  up  to 
a  limit  of  $50.  (2)  Or,  for  a  small  charge,  the  post  office 
sells. postal  "money  orders,"  payable  to  a  given  person 
only,  which  can  be  sent  in  ordinary  letters  and  cashed  at 
the  receiving  office. 

Telegraph. — In  many  European  countries  the  telegraph 
is  a  part  of  the  postal  system,  the  service  being  both  cheap 
and  efficient.  In  1866  Congress  passed  a  law  authorizing 
the  purchase  and  taking  over  of  our  telegraph  system  by 
the  Post  Office  Department.  As  yet,  however,  little  prog- 
ress has  been  made  towards  that  end. 

6.  Navy. — "If  you  wish  peace,  prepare  for  war,"  was 
a  sentiment  expressed  by  George  Washington.  The  United 
States  is  pursuing  the  policy  of  building  a  powerful  navy, 
and  aims  to  approach,  if  not  equal,  the  standards  of  Great 
Britain,  France,  and  Germany.  The  Secretary  of  the  Navy 
has  general  charge  of  the  construction,  equipment,  and  em- 
ployment of  the  navy.  Like  the  army,  the  navy  is  divided 


THE  EXECUTIVE:  THE  DEPARTMENTS  87 

into  the  staff  and  the  line;  and  appointments  to  commis- 
sions in  the  navy  are  made  by  the  President. 

A  Naval  Academy  was  founded  at  Annapolis  in  1845  for 
the  training  of  officers.  Midshipmen  spend  four  years  at  the 
academy  and  two  years  at  sea.  As  at  West  Point,  nomina- 
tion of  midshipmen  is  made  mostly  by  members  of  Con- 
gress, sometimes  after  a  competitive  examination. 


The  Battleship  North  Dakota 

7.  Interior. — The  Department  of  the  Interior  is  noted 
for  the  many  different  matters  left  to  its  care.  President 
Harrison  described  it  in  these  words:  "The  Interior  De- 
partment is  now,  in  the  variety  and  importance  of  the  busi- 
ness committed  to  it,  one  of  the  greatest  of  the  executive 
departments.  Perhaps  no  one  of  the  secretaries,  unless  it 
be  the  Secretary  of  the  Treasury,  is  so  pressed  and  cum- 
bered with  business  as  the  Secretary  of  the  Interior,  His 
work  is  not  single,  as  is  most  of  .the  departments,  but  di- 
verse and  multifarious;  and  only  a  strong  and  versatile  man 
can  conduct  it  successfully.  The  Secretary  must  pass  finally 


88     THE  FEDERAL  GOVERNMENT  IN  ACTION 

in  the  department  upon  questions  of  patent  law,  pension 
law,  land  law,  mining  law,  the  construction  of  Indian  trea- 
ties, and  many  other  questions  calling  for  legal  knowledge, 
if  the  judgment  of  the  Secretary  is  to  be  of  any  value."  1  A 
partial  list  of  subjects  coming  under  the  charge  of  this  de- 
partment is  as  follows :  Public  lands,  Indian  affairs,  Pensions, 
Patents,  Bureau  of  Education,  Geological  Survey. 

Public  Lands. — A  discussion  of  the  public  lands  in- 
volves a  brief  description  of  the  survey  and  the  disposition 
of  the  public  domain  for  the  purpose  of  homesteads,  sub- 
sidies to  railroads,  etc.,  and  must  be  deferred  to  a  later 
chapter  on  "The  Nation  and  the  States,"  page  157. 

Pensions. — There  are  now  about  1,000,000  names  on 
the  pension  roll,  and  the  annual  sum  paid  out  in  pensions, 
increasing  for  many  years,  is  now  nearly  stationary,  aggre- 
gating about  $140,000,000.  This  is  the  largest  single  item 
of  expense  in  the  Federal  government.  There  has  been 
much  criticism,  and  also  much  praise,  of  the  Pension 
Bureau.  " There  are  two  views  of  the  pension  question," 
says  President  Harrison,  "one  from  the  '  Little  Round  Top' 
at  Gettysburg,  looking  out  over  a  field  sown  thickly  with 
the  dead,  and  around  upon  bloody,  blackened,  and  maimed 
men  cheering  the  shot-torn  banner  of  their  country;  the 
other  from  an  office  desk  on  a  busy  street,  or  from  an 
endowed  chair  in  a  university,  looking  only  upon  a  statis- 
tical table." 

A  general  law  now  provides  a  pension  for  all  who  were 
ever  in  the  Union  armies  in  the  Civil  War.  In  addition  to 
this  Congress  annually  passes  thousands  of  private  pension 

'  Harrison,  "This  Country  of  Ours,"  p.  269. 


THE  EXECUTIVE:  THE  DEPARTMENTS       89 

bills,  usually  in  the  nature  of  increases  of  pension  to  those 
coming  under  the  general  law.  The  expense  of  this  practice, 
though  great,  is  not  criticized  so  much  as  the  loss  of  valu- 
able time  by  congressmen  who  have  great  public  questions 
to  settle. 

Indians. — The  Commissioner  of  Indian  Affairs  has  very 
important  and  very  delicate  duties  to  perform.  No  more 
treaties  are  made  with  Indian  tribes — as  was  done  in  the 
early  days  of  the  Republic — but  they  are  now  treated 
either  as  wards,  or,  if  their  tribe  is  broken  up,  as  ordinary 
citizens  of  the  United  States.  There  were,  in  1908,  300,000 
Indians  in  this  country,  one  third  of  them  living  in  Okla- 
homa, in  the  part  formerly  known  as  "Indian  Territory. " 
The  government  schools  at  Hampton,  Carlisle,  and  Law- 
rence (Haskell  Institute),  and  elsewhere,  have  done  a  great 
deal  in  educating  the  head  and  hand  of  the  Indian  child. 
Still,  the  pupils  show  a  tendency  to  return  to  the  old  Indian 
life.  In  twenty  years  the  government  has  spent  $45,000,000 
in  this  work  of  education,  yet  not  more  than  one  Indian  in 
six  is  able  to  read.  The  remaining  Indian  reservations  will 
in  time  be  abolished,  the  tribes  disintegrated,  and  the  In- 
dian will  take  his  place  as  a  citizen  on  the  same  level  as  the 
white  man. 

Patents. — Congress  has  power,  according  to  the  Constitu- 
tion, "to  promote  the  progress  of  science  and  the  useful 
arts"  by  granting  to  inventors  a  private  monopoly  of  their 
inventions  for  a  limited  term.  Patents  for  a  term  of  seven- 
teen years  are  granted  to  those  who  prove  they  have  in- 
vented or  discovered  any  new  and  useful  art,  machine, 
manufacture,  or  any  new  and  useful  improvement  thereof. 


gO      THE  FEDERAL  GOVERNMENT  IN  ACTION 

not  before  patented,  or 'described  in  any  publication,  and 
not  in  public  use  or  on  sale  for  more  than  two  years. 

Education. — The  United  States  has  no  university  or 
system  of  schools — the  maintenance  of  such  institutions  be- 
ing left  wholly  to  the  States.  There  is,  however,  a  United 
States  Commissioner  of  Education,  having  no  authority  to 
direct  or  supervise,  but  only  to  investigate,  inform,  and 
suggest.  His  work  is  very  important  and  stimulating  to  the 
schools,  and  does  much  to  promote  the  cause  of  education 
in  this  country.  The  bulky  volumes  making  up  the  report 
of  this  commissioner  are  the  work  of  experts,  and  are  much 
sought  after  by  those  who  manage  our  educational  systems. 

Geological  Survey. — The  director  of  the  Geological  Sur- 
vey has  charge  of  a  work  of  both  scientific  and  practical 
value.  The  mineral  resources  of  the  public  lands  are  ex- 
amined; likewise  the  possibilities  of  " waste  lands"  for  irri- 
gation and  reclamation. 

8.  Agriculture. — Agriculture  at  last  is  being  put  on  a 
scientific  basis,  largely  through  the  work  done  by  the  De- 
partment of  Agriculture  at  Washington.  Some  of  the 
largest  laboratories  of  the  world  are  to  be  found  here,  where 
investigators  study  plant  and  animal  diseases,  soil  fertilizers, 
methods  of  exterminating  noxious  plants  and  insects,  and 
many  other  things  that  are  of  interest  to  the  farmer.  Seeds 
are  tested,  and  "rare  and  valuable"  seeds  are  sent  free  to 
farmers  for  making  experiments  with  new  varieties  of 
plants.  In  addition  to  such  important  and  useful  work, 
this  department  has  charge  of  the  following  four  matters: 

A.  W Bathe?  Bureau. — For  the  benefit  primarily,  of 
farmers  and  mariners,  the  Weather  Bureau  distributes  in- 


THE  EXECUTIVE:  THE  DEPARTMENTS  91 

formation  daily  throughout  the  land  concerning  the  temper- 
ature, rainfall,  and  barometer  of  yesterday,  and  publishes 
also  a  forecast  of  the  weather  for  to-day  and  to-morrow. 
This  bureau  also  displays  storm  signals  at  one  hundred 
and  fifty  stations  on  the  seacoast.  The  work  has  proved  of 
great  value. 

B.  Forestry. — The  government  has  now  set  aside 
170,000,000  acres  in  mountainous  parts  of  the  country  as 
Forest  Reserves,  or  "  National  Forests,"  as  they  are  called. 


Undeveloped  National  Forest  in  the  Bad  Lands 

Forestry  is  a  young  science,  in  this  country;  so  young,  in 
fact,  that  our  forests  have  already  been  almost  entirely  cut 
down,  and  in  large  measure  wasted,  and  the  damage  done 
before  forestry  has  had  a  chance  to  teach  a  better  policy. 
The  Forest  Service,  made  famous  by  Gifford  Pinchot  while 
he  held  the  position  of  forester,  keeps  in  the  field  a  force  of 
rangers  or  patrols  to  prevent  forest  fires;  a  force  of  super- 
visors to  manage  the  national  forests  by  selling  dead  and 
down  timber,  planting  new  trees,  and  keeping  the  range  in 
good  condition;  and  in  other  ways  serves  the  settlers  and 
general  public.  To  keep  the  water-flow  steady,  especially 


92  THE  FEDERAL  GOVERNMENT  IN  ACTION 

near  irrigated  districts,  is  a  work  of  vast  benefit  to  the 
country  at  large,  which  the  Forest  Service  is  aiming  to  ac- 
complish through  the  national  forests.  The  United  States 
will  in  time,  it  is  hoped,  be  known  as  a  country  where 
forests  are  cultivated  and  cared  for,  even  as  other  crops  are 
cultivated  and  cared  for. 

C.  Good  Roads. — The  Department  of  Agriculture  sends 
out  pictures,  books,  and  men,  all  over  the  United  States, 
to  teach  the  people  the  need  of  good  roads  and  how  to  build 
good  roads.    Where  the  people  show  themselves  sufficiently 
interested,  men  are  sent  to  the  spot  and  a  model  road  is 
actually  built.    All  this  is  done  at  the  expense  of  the  Federal 
government,  although  the  construction  of  roads  has  long 
been  left  to  the  States  to  manage  or  mismanage,  as  they  see 
fit.    Under  the  spur  of  this  help  from  the  Federal  govern- 
ment, the  good  roads  movement  is  spreading  through  every 
community. 

D.  Pure  Food. — Since  the  passage  of  the  Pure  Food  and 
Drug  Act,  June  30,  1906,  the  work  of  the  Department  of 
Agriculture  in  this  field  has  become  widely  known.    Live 
animals  are  inspected  at  every  packing  house;  the  meat  of 
the  slaughtered  animal  is  also  inspected  and  stamped  by 
United  States  inspectors.    Chemists  investigate  such  ques- 
tions as  these:  the  use  of  benzoate  of  soda  in  preserving 
vegetables;  the  use  of  bleached  flour  as  food;  the  use  of 
flavoring  or  coloring  matter  in  canned  goods.    They  ex- 
amine foods  and  drugs  entering  into  interstate  commerce 
(that  is,  crossing  State  lines)  to  see  if  they  are  adulterated 
contrary  to  law,  and  to  see  if  packages  of  food  are  correctly 
labeled  as  to  contents  and  weight,  as  required  by  law. 


THE  EXECUTIVE:  THE  DEPARTMENTS       93 

.  Information  of  the  Public. — The  Department  of  Agricul- 
ture publishes  annually  and  distributes  freely  a  Year  Book 
of  Agriculture,  full  of  useful  information;  it  also  issues  bulle- 
tins from  time  to  time,  covering  every  possible  subject  of 
interest  to  farmers,  from  the  question  of  killing  dandelions 
to  that  of  the  protection  of  sheep  from  wolves.  Good  roads 
literature  is  also  issued  freely,  and  with  good  results.  Like- 
wise the  field  of  forestry  is  represented  by  many  printed 
bulletins,  freely  distributed.  Two  of  these  bulletins  are 
to  be  noted  and  commended,  namely,  one  on  "The  Use  of 
the  National  Forests/'  and  another  entitled  "A  Primer  of 
Forestry." 

9.  Department  of  Commerce  and  Labor. — In  President 
Roosevelt's  annual  message  to  Congress  in  1902,  he  used 
this  language:  "Corporations,  and  especially  combinations 
of  corporations,  should  be  managed  under  public  regulation. 
Experience  has  shown  that  under  our  system  of  govern- 
ment the  necessary  supervision  cannot  be  obtained  by  State 
action.  It  must  therefore  be  achieved  by  national  ac- 
tion. .  .  .  Publicity  can  do  no  harm  to  the  honest  corpo- 
ration; and  we  need  not  be  overtender  about  sparing  the 
dishonest  corporation.  ...  I  believe  that  monopolies,  un- 
just discriminations,  which  prevent  or  cripple  competition, 
fraudulent  over-capitalization  and  other  evils  in  trust  or- 
ganizations and  practices  which  injuriously  affect  interstate 
trade,  can  be  prevented  under  the  power  of  Congress.  .  .  ." 

Congress  accordingly,  in  February,  1903,  created  the 
Department  of  Commerce  and  Labor.  This  department, 
through  its  Bureau  of  Corporations,  has  already  investi- 
gated and  made  public  the  methods  of  the  Beef  Trust,  the 


94      THE  FEDERAL  GOVERNMENT  IN  ACTION 

Standard  Oil  Company,  and  the  Tobacco  Trust.  The 
bureau  has  also  investigated  the  following:  steel  industry, 
International  Harvester  Company,  lumber  industry,  cotton 
exchanges,  and  water  transportation.  This  bureau  investi- 
gates, but  does  not  bring  suits  against  corporations.  The 
Department  of  Justice  must  conduct  the  trial  of  cases  of 
this  kind.  The  Bureau  of  Corporations  has  aided  the  De- 
partment of  Justice  in  the  preparation  for  trial  of  several  of 
these  cases.  In  the  fifth  report  of  this  bureau  (1908),  the 
following  significant  conclusions  are  stated : 

"  There  is  an  irresistible  movement  towards  concentration 
in  business.  We  must  definitely  recognize  this  as  an  in- 
evitable economic  law.  We  must  also  recognize  the  fact 
that  industrial  concentration  is  already  largely  accom- 
plished, in  spite  of  general  statutory  prohibition.  Recogniz- 
ing these  facts,  the  aim  of  new  legislation  should  be  to  regu- 
late, rather  than  to  prohibit,  combination.  It  is  an  obvious 
absurdity  to  attempt  to  do  both  at  the  same  time,  and  pro- 
hibition has  practically  failed.  ...  If  we  are  to  do  any- 
thing effective  with  the  corporation  question,  we  must  make 
an  advance  on  our  present  legislation.  The  practical  ob- 
ject is  to  see  that  business  opportunity  and  the  highways  of 
commerce  are  kept  equally  open  to  all;  to  prevent  fraud, 
special  privilege,  and  unfair  competition.  To  do  this  we 
must  recognize  concentration,  supervise  it,  and  regulate 
it.  ...  Above  all,  we  must  have  a  system  of  efficient  pub- 
licity. This  is  the  strongest  means  for  our  purpose." 

The  Department  of  Commerce  and  Labor  also  includes 
various  other  bureaus,  among  them  these  four: 

The  .Bureau  of  Labor,  created  in  1884:  its  chief  work  is 


THE  EXECUTIVE:  THE  DEPARTMENTS       95 

the  collection  and  publication  of  statistics  concerning  wages,, 
cost  of  living,  labor  disputes,  and  so  on. 

The  Bureau  of  Manufactures,  designed  to  aid  manufactur- 
ing interests  by  collecting  and  publishing  useful  informa- 
tion. 

The  Bureau  of  Fisheries,  which  publishes  information  of 
value  in  the  fishing  industry,  and  also  propagates  millions 
of  young  fish  for  distribution  to  the  streams  and  lakes  of 
the  country. 

The  Census  Bureau,  which  gets  out  the  census  every  ten 
years,  and  issues  many  special  bulletins  in  the  intervening 
time.  This  bureau  now  contains  a  permanent  body  of 
trained  specialists,  a  thing  which  was  not  true  up  to  the 
year  1902. 

Separate  Commissions  and  Officers. — In  addition  to 
the  nine  departments  described  above,  there  are  two  im- 
portant executive  commissions:  the  Civil  Service  Commis- 
sion, and  the  Interstate  Commerce  Commission.  The  Civil 
Service  Commission  has  already  been  spoken  of,  under  the 
President's  appointing  power.  The  Interstate  Commerce 
Commission  was  created  in  1887  to  enforce  the  laws  of  the 
United  States  for  the  control  of  railroads  operating  in  more 
than  one  State,  and  especially  to  put  a  stop  to  unfair  dis- 
crimination in  freight  rates.  While  it  has  never  prevented 
pooling,  that  is,  combinations  among  railroa'ds,  it  has  given 
much  needed  publicity  to  railway  management,  and  thus 
paved  the  way  for  better  and  wiser  laws. 

There  are  also  two  important  special  officers  not  under 
the  control  of  any  of  the  nine  Cabinet  departments.  The 
Librarian  of  Congress  has  charge  of  the  Congressional 


96      THE  FEDERAL  GOVERNMENT  IN  ACTION 


The  Congressional  Library 

Library,  and  the  Public  Printer  has  charge  of  the  Govern- 
ment Printing  Office,  which  is  the  greatest  printing  office  in 

the  world. 

QUESTIONS  ON  THE  TEXT 

1.  What  is  the  difference  between  the  American  and  the  British 

Cabinet? 

2.  What  does  our  Constitution  say  about  the  President's  Cabinet? 

3.  Name  the  nine  departments.      Give  methods  of  appointment 

and  removal  of  the  department  heads ;  name  salary. 

4.  Describe  in  full  the  work  of  the  Department  of  State. 

5.  What  great  men  have  served  in  this  department? 

6.  Compare  the*  diplomatic  and  the  consular  services,  giving  a 

full  account  of  each.    What  criticism  of  the  consular  service? 

7.  What  are  the  duties  of  the  Secretary  of  the  Treasury?    What 

is  the  "budget"? 

8.  What  are  the  duties  of  the  Secretary  of  War?    What  are  the 

two  divisions  of  the  army? 

9.  What  is  the  nature  and  the  purpose  of  the  school  at  West 

Point? 


THE  EXECUTIVE:  THE  DEPARTMENTS  97 

10.  What  is  the  work  of  the  Department  of  Justice?     Why  so 

important? 

11.  Describe  the  business  of  the  Post  Office.    Give  statistics  show- 

ing its  magnitude. 

12.  Describe  the  organization  of  this  department;  classification 

of  post  offices  and  of  mail  matter ;  free  delivery  system ;  send- 
ing money  by  mail. 

13.  Describe  organization  and   control  of  the  navy;  nature  and 

purpose  of  the  school  at  Annapolis. 

14.  Why  should  we  have  a  large  navy? 

15.  Name  six  subjects  coming  under  the  Interior  Department. 

Explain  and  criticize  each. 

16.  What  is  the  government  doing  to  make  agriculture  a  science? 

17.  What  four  allied  subjects  come  under  this  department?    De- 

scribe each.     How  can  the  public  get  information  on  these 
subjects? 

18.  What  is  the   youngest  department?     Why  was  it  formed? 

What  has  it  done? 

19.  What  is  recommended  concerning  the  regulation  of  corpora- 

tions? 

20.  Name  four  other  bureaus  under  this  department ;  tell  the  pur- 

pose of  each. 

21.  How  does  the  Federal  government  regulate  railroads? 

22.  Name  two  special  executive  officers. 

QUESTIONS  SUGGESTED  BY  THE  TEXT 

1.  Describe  the  telegraph  system  of  England. 

2.  Debate  the  question  of  government  ownership  of  the  telegraph 

in  the  United  States. 

3.  Should  second-class  mail  matter  be  carried  at  the  present 

low  rate  of  postage? 

4.  Compare  our  navy  (in  number  of  ships,  guns,  men)  with  those 

of  England,  Germany,  and  France. 

5.  Draw  a  map  of  the  United  States  and  on  it  locate  the  present 

Indian  reservations. 

6.  What  work  in  forestry  has  the  Federal  government  done  in 

North  Dakota?    Describe  one  national  forest  in  this  State. 
Govt.  No.  Dak.— 7 


98      THE  FEDERAL  GOVERNMENT  IN  ACTION 

7.  Compare  the  pure  food  work  of  the  Federal  government  with 

that  of  North  Dakota. 

8.  What  States  now  have  State  highway  commissions? 

9.  Give   an  account  of  the  "  conservation"  policy  of  President 

Roosevelt. 
10.  Name  the  present  Cabinet  officers. 

REFERENCES 

Harrison,  "This  Country  of  Ours,"  Chs.  11-19. 

Hart,  "Actual  Government,"  Ch.  16. 

Bryce,  "American  Commonwealth,"  Vol.  I,  Chs.  9,  21. 

Ford,  "American  Politics." 

Wilson,  "The  State,"  pp.  544-550. 

Woodburn,  "American  Republic." 

Abstract  of  the  Twelfth  Census  (Census  Bureau,  Wash.,  D.  C. ). 


CHAPTER  VIII 

THE  SENATE 

"The  Senate  is  just  what  the  mode  of  its  election  and  the  conditions 
of  public  life  in  this  country  make  it.  Its  members  are  chosen  from  the 
ranks  of  active  politicians,  in  accordance  with  a  law  of  natural  selection 
to  which  the  State  legislatures  are  commonly  obedient;  and  it  is  prob- 
able that  it  contains,  consequently,  the  best  men  that  our  system 
calls  into  politics.  If  these  best  men  are  not  good,  it  is  because  our 
system  of  government  fails  to  attract  better  men  by  its  prizes,  not 
because  the  country  affords  or  could  afford  no  finer  material.  The 
Senate  is,  in  fact,  of  course,  nothing  more  than  a  part,  though  a  con- 
siderable part,  of  the  public  service;  and  if  the  general  conditions  of 
that  service  be  such  as  to  starve  statesmen  and  foster  demagogues,  the 
Senate  itself  will  be  full  of  the  latter  kind,  simply  because  there  are  no 
others  available.  There  cannot  be  a  separate  breed  of  public  men 
reared  especially  for  the  Senate.  It  must  be  recruited  from  the  lower 
branches  of  the  representative  system,  of  which  it  is  only  the  topmost 
part.  No  stream  can  be  purer  than  its  sources.  The  Senate  can  have 
in  it  no  better  men  than  the  best  men  of  the  House  of  Representatives; 
and  if  the  House  of  Representatives  attracts  to  itself  inferior  talent, 
the  Senate  must  put  up  with  the  same  sort.  Thus  the  Senate,  though 
it  may  not  be  as  good  as  could  be  wished,  is  as  good  as  it  can  be  under 
the  circumstances."  WILSON,  "Congressional  Government,"  pp.  194, 
195. 

"The  Senate  now  contains  many  men  of  great  wealth.  Some,  an 
increasing  number,  are  Senators  because  they  are  rich;  a  few  are  rich 
because  they  are  Senators,  while  in  the  remaining  cases  the  same  talents 
which  have  won  success  in  law  or  commerce  have  brought  their  possessor 
to  the  top  in  politics  also.  ...  It  is  a  company  of  shrewd  and  vigorous 
men  who  have  fought  their  way  to  the  front  by  the  ordinary  methods 
of  American  politics,  and  on  many  of  whom  the  battle  has  left  its 
stains."  BRYCE,  "American  Commonwealth,"  Vol.  I,  pp.  116,  117. 

0 

Composition  of  the  Senate. — The  Constitution  pro- 
vides that  "All  legislative  powers  herein  granted  shall  be 

99 


100 


THE  FEDERAL  GOVERNMENT  IN  ACTION 


vested  in  a  Congress  of  the  United  States,  which  shall  con- 
sist of  a  Senate  and  House  of  Representatives." 

The  Senate,  or  "  Upper  House/'  as  it  is  termed,  is  made 
up  of  two  members  from  each  State,  elected,  not  by  the 
people  of  the  State,  but  by  the  State  legislature.  Thus  the 
Senate  represents  the  States  in  Congress,  while  the  House  of 
Representatives  directly  represents  the  people  of  the  nation. 


Senate  Chamber 

Election  of  Senators  by  State  legislatures  has  not  proved 
entirely  satisfactory,  as  the  framers  of  the  Constitution 
fondly  imagined  it  would.  The  method  is  hard  to  change. 
Proposed  amendments  to  the  Constitution,  changing  this 
method,  have  never  yet  passed  the  Senate,  although  they 
have  passed  the  House.  However,  some  States — including 
^Jorth  Dakota — have  really  found  a  way  around  the  Federal 
Constitution,  by  providing  a  State  primary  election  law 
(to  be  explained  later),  which  allows  the  people  to  vote  for 


THE  SENATE  ,      ,,.,.,  101 

their  choice  for  Senator.  The  person  thus  voted  for  by  a 
majority  of  voters  is  considered  duly  nominated,  and  his 
election  by  the  State  legislature  then  follows  as  a  matter 
of  course. 

A  Senator  must  be  thirty  years  of  age,  nine  years  a  citi- 
zen, and  a  resident  of  the  State  which  he  represents.  His 
salary  is  $7,500  a  year;  a  mileage  fee  of  20  cents  a  mile,  both 
ways;  and  an  allowance  of  $125  a  year  for  stationery.  The 
term  of  office  is  six  years. 

The  Senate  is  a  body  of  dignity  and  stability.  This  sta- 
bility is  given  to  it  by  its  permanence;  only  one  third  of 
the  Senators  are  elected  every  two  years.  Since  the  term  of 
office  is  six  years,  the  majority  of  the  Senators  at  any  time 
have  seen  over  two  years  of  service.  When  a  wave  of  popu- 
lar excitement  sweeps  over  the  country,  as  in  1890,  it  takes 
but  a  single  election  to  change  a  Republican  House  into  a 
Democratic  House,  or  vice  versa;  but  it  would  take  two 
elections,  two  years  apart,  to  change  a  Republican  Senate 
into  a  Democratic  Senate,  or  a  Democratic  Senate  into  a 
Republican  Senate.  This  is  one  of  the  eight  "  check  and 
balance"  schemes  provided  for  in  the  Constitution.1 

Work  of  the  Senate. — The  Senate  is,  of  course,  prima- 
rily a  legislative  body.  But,  since  absolute  separation  of 
powers  is  unattainable,  we  may  discern  four  separate  func- 
tions of  the  Senate,  namely,  (1)  legislative,  (2)  executive, 
(3)  judicial,  and  (4)  elective. 

(1)  The  Senate  shares  equally  with  the  House  the  right 
of  introducing  and  passing  bills,  save  only  that  revenue  bills 
must  originate  in  the  House.  However,  since  the  Senate 

1  Cooley,  "Principles  of  Constitutional  Law,"  Ch.  VII. 


102     THE  FEDERAL  GOVERNMENT  IN  ACTION 

may  amend  such  bills  at  pleasure,  this  distinction  amounts 
to  very  little. 

(2)  The  Senate  exercises,  with  the  President,  two  execu- 
tive functions.    It  gives  or  refuses  its  assent  to  proposed 
treaties,  and  ratifies  or  rejects  appointments  to  Federal 
office  sent  in  by  the  President.    This  gives  the  Senate  a 
certain  prestige  and  standing  which  the  House  does  not  en- 
joy.   When  a  new  President  takes  office  March  4,  it  is  cus- 
tomary for  him  to  call  the  Senate  together  at  once  in  order 
that  his  new  appointments  to  office  may  be  properly  con- 
firmed. 

(3)  The  Senate  sits  as  a  court  of  impeachment  for  the 
trial  of  charges  brought  by  the  IJouse  against  any  officer  of 
the  United  States.     When  the  President  of  the  United 
States  is  on  trial  before  it,  the  Chief  Justice  of  the  Supreme 
Court  presides  in  place  of  the  Vice  President,  who  is  at  or- 
dinary sittings  president  of  the  Senate.    The  Senate  is  the 
judge  of  the  election  returns  and  qualifications  of  its  own 
members.    Thus  in  the  famous  case  of  Reed  Smoot  of  Utah, 
discussed  widely  in  the  newspapers  of  the  time  on  account 
of  his  relations  with  the  Mormon  church,  the  Senate  made  a 
thoroughgoing  investigation  and  pronounced  him  entitled 
to  his  seat  in  the  Senate.   The  Senate  may  also,  upon  a  two- 
thirds  vote,  expel  a  member. 

(4)  If  the  Electoral  college  fails  to  elect  a  Vice  President, 
this  duty  devolves  upon  the  Senate.    Once  only  has  this 
happened — in  1837,  when  Richard  M.  Johnson  was  chosen 
Vice  President  by  the  Senate. 

Senate  Committees. — To  understand  the  work  of  the 
Senate  we  must  understand  the  Senate  committees.    How 


THE  SENATE  103 

are  they  chosen?  Not,  as  in  the  House,  by  the  presiding 
officer.  They  are  chosen  by  the  Senate  itself.  That  is,  the 
members  of  the  dominant  party  hold  a  secret  caucus  and 
arrange  the  list  of  committee  appointments.  This  list  then 
goes  before  the  Senate  in  regular  session,  is  voted  on,  and, 
of  course,  is  elected.  In  1888  there  were  forty-one  standing 
Senate  committees :  in  1908  there  were  fifty-five  committees 
varying  in  size  from  three  to  seventeen  members ;  each  Sen- 
ator usually  serves  on  four  or  five  committees.  The  most 
important  committee  of  the  Senate  is  the  Finance  com- 
mittee. The  places  on  this  committee  are  given  only  to  the 
older  members.  In  1908  Senator  Aldrich,  who  had  repre- 
sented Rhode  Island  in  the  Senate  for  over  twenty-five  years, 
was  the  chairman,  and  the  following  eleven  other  States 
had  each  a  member:  Michigan,  New  York,  North  Dakota, 
Pennsylvania,  Maine,  Illinois,  Virginia,  Colorado,  Missis- 
sippi, Texas,  and  Florida. 

In  1909  the  Senate  created  a  new  standing  committee, 
known  as  the  Public  Expenditures  committee.  It  consists 
of  seven  men — the  seven  chairmen  of  the  seven  Senate  com- 
mittees to  some  one  of  which  is  submitted  every  bill  pro- 
viding for  revenue  or  carrying  an  appropriation.  Here- 
tofore there  had  been  too  little  cooperation  between  the 
spending  committees  and  the  revenue  committees,  a  very 
bad  business  policy  indeed  for  any  country.  This  new  com- 
mittee aims  to  effect  a  better  coordination  and  cooperation 
between  revenue  and  appropriation  committees. 

Every  bill  introduced  in  the  Senate  goes  before  a  stand- 
ing committee  for  consideration  and  report.  Herein  lies 
the  power  of  the  committee  in  legislation — a  power  which 


104     THE  FEDERAL  GOVERNMENT  IN  ACTION 

is  discussed  under  the  " Committee  System  of  Congress"  on 
page  121. 

Influence  of  the  Senate. — The  chief  work  and  influence 
of  the  Senate  in  lawmaking  we  must  consider  in  the  dis- 
cussion of  Congress  in  a  following  chapter.  However,  it  may 
be  said  that  the  influence  of  this  august  body  is  greater  at 
the  close  of  a  hundred  years  of  history  than  it  was  at  the  be- 
ginning, especially  in  matters  pertaining  to  revenue  and 
taxation.  And  it  is  in  the  Senate  that  all  the  great  debates 
are  given.  This  is  partly  due  to  the  fact  that  here  the  hall 
is  smaller  and  better  to  speak  in  than  is  the  hall  of  Rep- 
resentatives, and  partly  to  the  fact  that  here  the  men  are 
older  and  more  seasoned.  The  Senate  has  not  found  it 
necessary  to  limit  debate,  while  the  House  frequently  short- 
ens speeches  or  prohibits  them  altogether  by  its  special 
rules. 

QUESTIONS  ON  THE  TEXT 

1.  What  do  the  great  critics,  Wilson  and  Bryce,  say  of  the  Senate? 

2.  How  are  Senators  chosen? 

3.  State  qualifications,  term,  and  salary  of  a  Senator. 

4.  What  gives  the  Senate  dignity  and  stability? 

5.  What  four  functions  has  the  Senate? 

6.  What  power  has  the  Senate  over  revenue  bills? 

7.  Give  examples  of  executive  and  judicial  work  of  the  Senate. 

8.  Explain  the  formation  and  work  of  Senate  committees. 

QUESTIONS  SUGGESTED  BY  THE  TEXT 

1.  Should  Senators  be  elected  by  popular  vote?    Why? 

2.  Why  is  the  Senate  called  the  " Upper"  House? 

3.  Name  the  Senators  from  North  Dakota.    How  long  have  they 

served  in  the  Senate?    On  what  committees?    (See  Congres- 
sional Directory). 


THE  SENATE  105 

4.  What  bills  were  introduced  by  the    North    Dakota    Senators 

in  the  last  session  of  Congress?     (See  Index  to  Congressional 
Record.) 

5.  What  is  the  "check  and  balance"  theory?    Name  eight  checks 

and  balances. 

REFERENCES 

Bryce,  "American  Commonwealth,"  Vol.  I,  Chs.  10-12. 

Cooley,  "Principles  of  Constitutional  Law,"  Ch.  7. 

Wilson,  "Congressional  Government,"  Ch.  4. 

Hart,  "Actual  Government,"  Ch.  13. 

Woodburn,  "The  American  Republic." 

Bourn,  "How  to  Spend  a  Billion  Dollars,"  Outlook,  93,  pp.  297-302, 

October,  1909. 
"  Congressional  Directory." 
"Congressional  Record." 


CHAPTER  IX 

THE  HOUSE   OF  REPRESENTATIVES 

"There  is  something  impressive  about  it  [The  House  of  Representa- 
tives], something  not  unworthy  of  the  continent  for  which  it  legislates. 
This  huge  gray  hall,  filled  with  perpetual  clamor,  this  multitude  of 
keen  and  eager  faces,  this  ceaseless  coming  and  going  of  many  feet, 
this  irreverent  public  watching  from  the  galleries  and  forcing  its  way 
to  the  floor,  all  speak  to  the  beholder's  mind  of  the  mighty  democracy, 
destined  in  another  century  to  form  one-half  of  civilized  mankind, 
whose  affairs  are  here  debated.  If  the  men  are  not  great,  the  inter- 
ests and  the  issues  are  vast  and  fateful.  ...  Of  what  tremendous 
struggles  may  not  this  hall  become  the  theatre  in  ages  yet  far  distant, 
when  the  parliaments  of  Europe  have  shrunk  to  insignificance?" 
BRYCE,  "American  Commonwealth,"  Vol.  I,  p.  149. 

Composition  of  the  House. — The  House  of  Represent- 
atives, now  numbering  about  four  hundred  men,1  is  made 
up  of  Representatives  chosen  directly  by  the  people  of  the 
States.  In  some'  States  women  may  vote  for  Representa- 
tives, in  others  only  men;  this  is  a  question  left  for  the  States 
to  settle  for  themselves.  Each  organized  Territory  (and 
Alaska)  is  entitled  to  send  one  Delegate,  who  may  speak, 
but  cannot  vote  in  the  House.  States  that  have  population 
enough  are  divided  into  two  or  more  "  Congressional  dis- 
tricts," the  average  district  including  about  200,000  in- 
habitants. Each  State  is  entitled  to  at  least  one  representa- 
tive, no  matter  how  small  the  State.  Thus  Nevada,  with 
its  population  of  42,000,  has  one  Representative,  the  same 

*In  the  61st  Congress,  (1909-1911)  the  House  had  395  members,  includ- 
ing four  delegates  from  Arizona,  Alaska,  Hawaii,  New  Mexico. 

106 


THE  HOUSE  OF  REPRESENTATIVES 


107 


as  Utah,  with  a  population  of  277,000.  After  the  decennial 
census  is  taken,  Congress  makes  a  new  apportionment  of 
Representatives,  so  that  a  State  may  increase  the  number 
of  its  congressional  districts  if  its  population  shows  a  suffi- 
cient increase. 
The  Representatives  are  chosen  in  November  in  most 


Hall  of  the  House  of  Representatives 

of  the  States — and  take  their  seats  in  the  following  odd- 
numbered  year.  The  term  of  office  is  two  years.  The  salary 
is  the  same  as  that  of  a  Senator;  the  Speaker's  salary  is 
$12,000  a  year.  A  Representative  must  be  twenty -five 
years  of  age,  and  seven  years  a  resident  of  the  United 
States.  He  must  reside  in  the  State  he  represents,  and, 
according  to  custom,  in  the  district  electing  him. 


108  THE  FEDERAL  GOVERNMENT  IN  ACTION 

The  short  term — two  years — makes  the  House  a  change- 
ful body.  A  serious  criticism  of  the  House  is  that  the  suc- 
cessful candidate  must  make  his  campaign  and  be  elected 
thirteen  months  before  he  takes  his  seat.  Thus  the  issues 
he  fought  for  may  become  stale  before  he  has  a  chance  to 
take  his  seat  in  Congress.  For  instance,  the  members 
elected  in  November,  1906,  took  their  seats  in  December, 
1907,  in  the  first  session  of  the  60th  Congress.  If,  however, 
the  President  calls  together  a  special  session  of  Congress, 
the  members  may  take  their  seats  as  early  as  March. 

The  House  at  Work. — Among  the  powers  peculiar  to 
the  House  are  three:  the  sole  power  of  impeachment;  the 
sole  power  of  introducing  bills  for  raising  revenue;  and  the 
power  of  choosing  the  Speaker.  This  last  power  is  the  one 
which  is  most  significant  of  all.  The  House  also  elects  its 
other  officers,  and  adopts  its  own  rules. 

The  House,  like  the  Senate,  is  the  judge  of  the  election 
returns  of  its  own  members  and  of  their  qualifications. 

The  Speaker. — Bryce  describes  the  power  of  the  Speaker 
as  "  power  which  in  the  hands  of  a  capable  and  ambitious 
man  becomes  so  far-reaching  that  it  is  no  exaggeration  to 
call  him  the  second,  if  not  the  first,  political  figure  in  the 
United  States,  with  an  influence  upon  the  fortunes  of  men 
and  the  course  of  domestic  events  superior,  in  ordinary 
times,  to  the  President's,  although  shorter  in  its  duration 
and  less  patent  to  the  world."  1 

The  Speaker  appoints  the  standing  committees  of  the 
House;  he  presides  over  the  House.  These  are  his  two  du- 
ties, and  they  look  innocent  enough.  And  yet  in  the  exer- 

1  Bryce,  "American  Commonwealth,"  Vol.  I,  p.  136. 


THE  HOUSE  OF  REPRESENTATIVES  109 

cise  of  these  two  powers,  ambitious  Speakers,  like  Reed  and 
Cannon,  have  been  denounced  the  nation  over  as  "Czar" 
and  "Autocrat."  The  whole  country  has  at  times  been 
aroused  to  a  high  pitch  of  excitement  over  the  alleged  ar- 
bitrary actions  of  the  Speaker. 

The  Speaker  now  has  the  custom  of  sitting  with  a  little 
memorandum  before  him — a  list  of  names  of  those  whom 
he  will  recognize  during  the  day  as  having  a  right  to  the 
floor.  The  list  is  made  up,  somewhat  arbitrarily,  by  the 
Speaker  in  his  office.  The  Speaker  may  ask,  and  frequently 
does  ask  a  member  why  he  rises  on  the  floor.  If  the  mem- 
ber's purpose  does  not  suit  the  Speaker,  he  merely  replies, 
"The  member  is  not  recognized  for  that  purpose."  Every 
bill  introduced  in  the  House  is  referred  by  the  Speaker  to 
the  appropriate  committee,  appropriate,  that  is,  in  the 
judgment  of  the  Speaker. 

The  power  of  the  Speaker  is  one  of  the  peculiar  and  de- 
batable features  in  our  form  of  government.  Has  he  too 
much  power?  Would  it  be  possible  for  such  a  large  House 
to  do  any  business  at  all  if  the  Speaker  had  less  power? 
Congressmen  have  sometimes  complained  that  the  real 
powers  of  the  House  have  been  merged  in  the  Speakership; 
that  he  is  indeed  the  House. 

Both  Speaker  Cannon  and  Speaker  Reed  have  defended 
the  power  of  the  Speaker.  Speaker  Cannon  writes  as  fol- 
lows: 

"The  Speaker  is  the  servant  of  the  House.  The  Speaker 
is  elected  by  a  majority  of  the  members,  and  he  can  be  de- 
posed and  another  man  elected  any  hour  of  any  day  that 
he  fails  to  fulfill  the  duties  of  the  office  as  the  majority  would 


110     THE  FEDERAL  GOVERNMENT  IN  ACTION 

have  them  fulfilled.  .  .  .  There  is  no  rule  or  combination  of 
rules  in  the  House  that  can  stifle  the  will  of  the  majority. 
The  rules  have  been  developed  through  many  years  to  the 
end  that  the  minority  shall  be  protected  in  every  right,  but 
that  a  loud,  determined,  and  belligerent  minority  shall  not 
be  able  to  overturn  the  will  of  the  majority.  .  .  .  The  real 
trouble  in  Congress  is  the  great  volume  of  business  laid  be- 
fore it  at  every  session,  much  of  it  clearly  out  of  place  there. 
No  body  of  men  can  consider  40,000  bills  in  the  present  life 
of  a  Congress.  It  is  physically  impossible;  and  yet  there  is 
an  increase  rather  than  a  diminution  in  the  number  of  bills 
introduced  year  after  year.  The  members  feel  compelled 
to  introduce  every  bill  offered  by  their  constituents,  and 
these  bills  burden  the  committees  and  fill  the  calendar  to 
the  embarrassment  of  the  really  important  legislation."  l 

The  Committee  System  of  the  House. — The  House 
had,  in  1908,  sixty-six  standing  committees.  The  most 
important  committee  is  that  of  Ways  and  Means,  since  here 
bills  for  raising  revenue,  such  as  new  tariff  measures,  in- 
come tax  laws,  and  the  like,  must  originate.  Nineteen 
States  were  represented  on  this  committee  in  1908.  All  bills 
introduced  in  either  house  of  Congress  go  to  the  appropriate 
committees  for  detailed  consideration.  It  is  in  the  com- 
mittee that  nearly  every  bill  "dies,"  and  this  must  be  so, 
owing  to  the  overwhelming  number  of  bills  introduced. 
Thus  in  the  five  months  of  the  first  session  of  the  60th  Con- 
gress (Dec.,  1907,  to  May,  1908),  22,000  bills  were  introduced 
in  the  House. 

1  "The  Power  of  the  Speaker,"  by  Joseph  G.  Cannon,  Century,  Vol.  78, 
p.  306,  June,  1909. 


THE  HOUSE  OF  REPRESENTATIVES  111 

The  Committee  on  Rules. — So  many  committees  at  work 
on  so  many  thousands  of  bills  gives  rise  to  the  need  of  yet 
another  committee,  namely,  the  Committee  on  Rules.  This 
committee  has  control  of  the  daily  business  or  program  of 
the  House.  It  can  prescribe  by  rule  when  a  measure  shall 
be  in  order;  how  it  shall  be  voted  upon,  with  or  without 
amendment  or  debate.  The  House  elects  this  committee. 

The  committee  system  of  the  House  must  be  examined 
in  connection  with  that  of  the  Senate,  and  it  is  discussed 
therefore 'in  the  following  chapter  on  Congress.  In  that 
chapter  will  be  given  the  criticisms  of  our  marvelously 
developed,  modern  committee  system. 

QUESTIONS  ON  THE  TEXT 

1.  How  is  the  House  of  Representatives  made  up? 

2.  Explain  the  term  "congressional  district." 

3.  What  is  the  salary  of  the  Speaker  of  the  House? 

4.  How  soon  does  a  newly-elected  Representative  take  his  seat 

in  the  House? 

5.  How  are  contested  elections  to  the  House  judged? 

6.  Name  three  powers  peculiar  to  the  House. 

7.  What  does  Bryce  say  of  the  Speaker's  power? 

8.  What  are  the  Speaker's  duties?    In  practice,  how  does  he  per- 

form them? 

9.  Name  the  advantages  and  disadvantages  of  the  present  great 

powers  of  the  Speaker. 

10.  What  is  the  Committee  on  Rules?    Explain  its  functions. 

11.  Can  the  Speaker  control  the  majority?    The  minority? 

12.  What  is  Cannon's  criticism  of  the  work  of  Congress? 

13.  Which  is  the  most  important  committee  of  the  House?    Why? 

QUESTIONS  SUGGESTED  BY  THE  TEXT 

1.  What  is  the  present  membership  of  the  House  of  Representa- 
tives? Name  the  members  from  North  Dakota.  On  what 
committees  do  they  serve? 


112  THE  FEDERAL  GOVERNMENT  IN  ACTION 

2.  Are  women  qualified  to  become  members  of  the  House? 

3.  Who  is  the  Speaker  of  the  House?    Name  the  members  of  the 

Committee    of    Ways    and    Means.      (See    "Congressional 
Directory.") 

4.  Debate:  Resolved,  that  the  protection  of  the  majority  justifies 

the  present  rules  of  Congress  investing  the  Speaker  with 
great  power. 

5.  Give  a  list  of  all  the  committees  of  the  House  at  present.    (See 

"Congressional  Directory.") 
:  6.  Explain  the  "  Committee  on  Rules,"  and  illustrate  its  workings. 

GENERAL   REFERENCES 

• 

Reinsch,  "American  Legislatures  and  Legislative  Methods." 

Wilson,   "Congressional  Government." 

McConachie,  "Congressional  Committees." 

Follett,  "The  Speaker  of  the  House  of  Representatives." 

Bryce,  "American  Commonwealth,"  Vol.  I,  Chs.  10-17. 

Hart,  "Actual  Government,"  Chs.  13,  14. 

REFERENCES  ON  THE  POWER  OF  THE  SPEAKER 

Cannon,  Speaker  Joseph  G.,  Century,  Vol.  78,  p.  306.     June,  1909. 

Reed,  Speaker  Thos.  B.,  "The  Rules  of  the  House  of  Representa- 
tives," Century,  Vol.  37,  p.  792.  March,  1889. 

Murdock,  Representative  V.,  "A  Congressman's  First  Speech," 
American  Magazine,  August,  1908;  also,  "A  Congressman's 
First  Bill,"  American  Magazine,  October,  1908. 


CHAPTER  X 

CONGRESS 

"Next  to  the  Speaker,  the  most  powerful  influence  in  Congress  is 
,the  committee  system,  which  is  strongly  intrenched  in  both  the  Senate 
and  the  House.  .  .  .  The  committees  are  a  sifting  machinery,  without 
which  both  houses  would  be  simply  buried  under  bills.  The  result, 
however,  lacks  unity;  the  Speaker  appoints  the  committees  but  he 
cannot  remove  members  because  they  do  not  follow  his  advice;  the 
committees  act  independently  of  each  other  and  often  oppose  each 
other.  .  .  .  The  committee  system,  with  all  its  drawbacks,  disposes  of 
and  kills  off  many  undesirable  measures.  The  gradual  establishment  of 
the  power  and  responsibility  of  the  Speaker,  and  the  unwritten  influ- 
ence of  the  steering  committee,  make  the  House  still  a  legislative  body; 
and  the  House  and  Senate  are  kept  in  reasonable  adjustment  with 
each  other.  Congress  is  a  more  efficient  body  than  almost  any  State 
legislature,  is  less  subject  to  personal  influences,  and  is  less  controlled 
by  a  few  political  leaders  acting  for  personal  ends.  The  main  trouble 
in  Congress  is  lack  of  time,  and  that  is  due  partly  to  private-bill  legisla- 
tion, and  partly  to  the  pressure  on  the  time  of  members  to  obtain  of- 
fice for  constituents  and  supporters."  HART,  "Actual  Government," 
pp.  233,  236,  257. 

Long  and  Short  Sessions. — The  term  of  a  Representa- 
tive is  two  years,  and  the  life  of  a  Congress  is  therefore  two 
years.  Thus  the  61st  Congress  lasts  from  March  4,  1909,  to 
March  4,  1911.  Each  Congress  has  two  regular  sittings  or 
sessions,  as  they  are  called,  the  long  session  and  the  short 
session.  Each  session  begins  on  the  first  Monday  in  De- 
cember. Since  the  second  session  must  end  on  March  4,  it 
is  the  short  session.  The  first  session  commonly  lasts  till 

May  or  June,  and,  indeed,  sometimes  till  July  or  later. 
Govt.  No.  Dak.— 8  113 


114     THE  FEDERAL  GOVERNMENT  IN  ACTION 

The  Powers  of  Congress. — Some  powers  of  Congress 
are  clearly  stated  or  expressed  in  the  Constitution;  others 
are  only  suggested  or  implied.  Hence  it  is  that  Congress 
has  two  distinct  classes  of  powers — express  and  implied. 
The  extent  of  the  implied  powers  is  a  matter  for  the  highest 
courts  to  determine.  The  rule  now  followed  by  Congress, 
when  it  comes  to  legislate  on  a  subject  not  mentioned  in  the 
Constitution  (like  a  national  bank,  for  instance)  is  this 
one,  stated  so  clearly  in  1819  by  Chief  Justice  John  Mar- 
shall of  the  Supreme  Court  of  the  United  States:  "We  ad- 
mit, as  all  must  admit,  that  the  powers  of  the  government 
are  limited,  and  that  its  limits  are  not  to  be  transcended. 
But  we  think  the  sound  construction  of  the  Constitution 
must  allow  to  the  national  legislature  that  discretion,  with 
respect  to  the  means  by  which  the  powers  it  confers  are  to 
be  carried  into  execution,  which  will  enable  that  body  to 
perform  the  high  duties  assigned  to  it,  in  the  manner  most 
beneficial  to  the  people.  Let  the  end  be  legitimate,  let  it  be 
within  the  scope  of  the  Constitution,  and  all  means  which  are 
appropriate,  which  are  plainly  adapted  to  that  end,  which  are 
not  prohibited  but  consistent  with  the  letter  and  spirit  of  the 
Constitution,  are  constitutional." 

The  express  powers  of  Congress  have  been  already  enu- 
merated in  Chapter  V,  and  it  will  not  be  necessary  to  enu- 
merate them  again  here.  We  may  classify  the  powers  of 
Congress  as  follows:  Taxing  power,  Commercial  powers, 
Territorial  powers,  Miscellaneous  powers. 

Taxing  Power. — "The  Congress  shall  have  power  to 
lay  and  collect  taxes,  duties,  imposts,  and  excises,  to  pay 
the  debts  and  provide  for  the  common  defense  and  general 


CONGRESS  115 

welfare  of  the  United  States."  This  is  the  greatest  power 
.possessed  by  Congress.  The  power  to  tax  is  the  power  to 
destroy.  On  one  occasion  Congress  has  used  this  power  to 
destroy;  namely,  in  the  case  of  the  note  issues  of  State  banks 
outstanding  in  1863.  They  were  wiped  out  of  existence  by 
a  10%  tax.  Congress  may  and  does  use  this  taxing  power 
to  regulate  business,  as  well  as  to  raise  revenue.  Thus  the 
high  tax  on  whisky  discourages  the  consumption  of  that 
drink  and  also  brings  in  much  revenue.  However,  the  tax- 
ing power  should  always  be  used  primarily  for  the  one  pur- 
pose— the  raising  of  revenue.  It  must  be  used  for  a  public 
purpose. 

Commercial  Powers. — The  now  famous  "  commerce 
clause"  of  the  Constitution  gives  Congress,  and  Congress 
alone,  power  "to  regulate  commerce  with  foreign  nations, 
and  among  the  several  States,  and  with  the  Indian  tribes." 
Congress  cannot,  of  course,  regulate  commerce  that0 is 
wholly  within  one  State;  to  come  under  the  control  of  Con- 
gress, commerce  must  cross  State  lines,  that  is,  be  inter- 
state. But  the  bulk  of  commerce  to-day  is  interstate.  The 
carrying  of  persons,  goods,  or  messages  comes  under  the 
head  of  commerce.  This  clause  therefore  puts  the  "regula- 
tion" of  most  railroads,  express  companies,  and  telegraph 
lines  under  the  control  of  Congress.  Laws  requiring  air 
brakes  and  safety  couplers  on  freight  cars  are  examples  of 
the  exercise  of  this  power  of  Congress.  So  are  the  laws  pro- 
hibiting rebates  on  railroads.  How  far  does  this  power  of 
Congress  extend?  This  is  a  question  for  the  Supreme  Court 
to  settle.  Briefly,  we  may  put  the  question  this  way:  Is 
the  business  "commerce,"  and  is  it  "interstate"?  then  Con- 


116  THE  FEDERAL  GOVERNMENT  IN  ACTION 

gress  may  regulate  it.  If  it  is  not  both,  then  the  State  alone 
can  regulate  it.  Interstate  life  insurance  business,  for  in- 
stance, is  not  commerce,  and  hence  Congress  cannot  regu- 
late it.  The  Interstate  Commerce  Commission  (1887)  and 
the  Bureau  of  Corporations  (1903)  have  been  created  by 
Congress  to  assist  in  the  increasing  work  of  " regulating" 
interstate  commerce.  The  growing  magnitude  of  the  busi- 
ness to  be  regulated,  and  the  insubordinate  attitude  of 
some  of  the  more  powerful  corporations,  make  this  duty  of 
Congress  one  of  the  most  difficult  of  all  to  perform  properly. 

Territorial  Powers. — "New  States  may  be  admitted 
by  the  Congress  into  this  Union;  .  .  .  The  Congress  shall 
have  power  to  dispose  of  and  make  all  needful  rules  and 
regulations  respecting  the  territory  or  other  property,  be- 
longing to  the  United  States." 

With  the  exception  of  the  original  thirteen  States,  Con- 
gress, under  the  provisions  of  this  section  of  the  Constitu- 
tion, admitted  all  the  present  States  into  the  Union,  upon 
such  terms  and  conditions  as  it  saw  fit  to  impose.  Except- 
ing Vermont,  Kentucky,  Maine,  West  Virgina,  Texas,  and 
California,  these  new  States  were  admitted  only  after  each 
had  passed  through  the  preliminary  stage  of  being  an  "  or- 
ganized Territory  "  or  part  of  one.1  An  organized  Territory 
has  a  legislature  chosen  by  the  people,  but  an  executive  and 
judges  appointed  by  the  President  of  the  United  States. 
Usually  Congress  has  passed  an  act  "enabling"  the  people 
of  such  a  Territory  to  draw  up  a  constitution,  and  provid- 

1  Vermont,  Kentucky,  Maine,  and  West  Virginia  were  once  parts  of  New 
York,  Virginia,  Massachusetts,  and  Virginia,  respectively.  Texas  was  an 
independent  republic.  California  was  part  of  the  public  domain  not  ye' 
organized  as  a  Territory. 


CONGRESS  117 

ing  for  its  admission  when  certain  conditions  had  been  com- 
plied with;  but  some  Territories  were  admitted  under  con- 
stitutions they  had  framed  without  previous  authority. 

The  District  of  Columbia  is  governed  under  laws  which 
are  passed  by  Congress,  and  in  which  the  people  of  the  Dis- 
trict have  no  voice.  They  do,  however,  pay  a  small  tax. 
Congress  provides  for  a  commission,  appointed  by  the  Pres- 
ident, to  administer  the  government  of  the  District. 

Since  1898  the  United  States  has  owned  certain  colonies 
or  "  Dependencies "  as  they  are  also  called,  such  as  the 
Philippines,  Porto  Rico,  Guam,  and  Tutuila.  Hawaii  was 
annexed  at  the  same  time,  by  a  joint  resolution  of  Con- 
gress, and  has  been  made  into  an  organized  Territory,  as 
part  of  the  United  States.  It  has  the  usual  territorial  dele- 
gate in  Congress,  with  power  to  speak  but  not  to  vote.  The 
colonies  are  under  the  form  of  government  which  Congress 
sees  fit  to  extend  to  them.  The  Philippines  were  for  a  time 
turned  over  to  the  President  to  govern  as  he  "saw  fit";  but 
now  they  have  been  given  a  government  something  like 
that  of  a  Territory.  The  United  States  Constitution  does 
not  apply  to  these  new  possessions,  except  as  Congress  so 
extends  it.  So  it  has  been  held  by  our  Supreme  Court, 
after  some  serious  questions  arose  concerning  this  point. 
The  government  of  colonies — something  not  contemplated 
in  the  original  Constitution — brings  new  and  difficult  prob- 
lems for  Congress  to  solve.  Special  mention  must  be  made 
of  the  Canal  Zone. 

Panama  Canal  Zone. — When  Congress  decided  to  con- 
struct a  ship  canal  across  the  Isthmus  of  Panama,  negotia- 
tions were  at  once  begun  with  Colombia  to  secure  control  of 


118  THE  FEDERAL  GOVERNMENT  IN  ACTION 

a  strip  of  land  stretching  along  the  canal  route.  A  proposed 
treaty  to  this  effect  was  rejected  by  the  Congress  of  Colom- 
bia. The  Department  of  Panama  at  once  revolted  and  set 
up  a  successful,  independent  government.  A  canal  treaty 
between  this  new  Panama  Republic  and  the  United  States 
was  ratified  by  our  country  in  February,  1904.  We  paid 
a  large  sum  in  gold,  guaranteed  the  independence  of  Pan- 
ama, and  secured  " perpetual  control"  of  the  strip  of  land 
ten  miles  wide  across  the  Isthmus.  Congress  passes  laws 
for  the  government  of  this  Canal  Zone.  For  greater  effi- 
ciency, Congress  has  placed  in  the  President's  hands  the 
power  of  appointing  the  Canal  Commissioners,  and  these 
men  administer  the  local  government.  The  work  of  these 
commissioners  comprises  not  only  civil  government,  but 
grave  problems  in  engineering  and  sanitation.  The  con- 
struction of  the  Panama  Canal  is  one  of  the  great  under- 
takings of  modern  times. 

Miscellaneous  Powers. — Within  the  last  few  years  we 
have  heard  much  about  the  "conservation  of  our  national 
resources"  by  Congress,  pure-food  laws,  laws  protecting 
laboring  men  on  railroads,  employers'  liability  laws,  and 
many  other  general  welfare  measures.  This  is  a  field  of 
legislation,  partly  within  the  express  powers  of  Congress, 
but  largely  merging  into  the  field  of  implied  powers  as  de- 
fined by  Marshall.  The  tendency  seems  very  marked  to 
centralize  power  more  and  more  in  the  hands  of  Congress, 
and  remove  it  from  the  States. 

Prohibitions  on  Congress. — When  we  do  not  find  the 
power,  expressed  or  implied  in  the  Constitution,  the  pre- 
sumption is  that  Congress  does  not  have  the  power,  but 


CONGRESS  119 

that  it  is  reserved  to  the  States  or  to  the  people.  However, 
the  Constitution  goes  further,  and  on  some  points  places 
in  plain  terms  absolute  prohibition  on  Congress.  A  law 
passed  in  the  face  of  such  a  prohibition  is,  of  course,  void. 
The  chief  prohibitions  are  these: 

Congress  can  pass  no  bill  of  attainder  or  ex  post  facto  law.1 

Congress  can  levy  no  direct  tax,  except  by  assigning  to 
each  State  a  lump  sum  to  be  paid,  according  to  the  population 
of  the  State.  Such  an  apportionment  of  direct  taxes  to-day, 
when  States  of  the  same  population  differ  so  greatly  in 
wealth,  would  be  an  outrage  on  justice.  Congress,  in  the 
past,  has  levied  and  so  apportioned  a  direct  tax,  but  five 
times  in  all,  each  time  with  unsatisfactory  results. 

A  "direct"  tax  is  nowhere  defined  in  the  Constitution, 
but  poll  taxes  and  taxes  on  real  estate  have  always  been 
conceded  to  be  direct  taxes,  and  the  Supreme  Court  has  de- 
cided that  a  tax  on  incomes  derived  from  real  or  personal 
property  is  a  direct  tax. 

Congress  cannot  levy  a  tariff  duty  on  exports,  nor  give 
any  preference  to  the  ports  of  one  State  over  those  of  an- 
other. 

No  title  of  nobility  can  be  granted. 

Congress  is  forbidden  to  interfere  with  those  fundamental 
personal  rights,  dear  to  the  Anglo-Saxon  heart,  namely, 
religious  liberty,  freedom  of  speech  and  of  the  press,  right 
of  assembly,  right  of  petition,  right  to  bear  arms,  right  of 

1  A  bill  of  attainder  is  a  legislative  act  which  inflicts  punishment  without 
a  trial.  An  ex  post  facto  law  is  one  which  makes  an  innocent  act,  done 
before  the  passage  of  the  law,  criminal  and  punishes  for  such  act,  or  which 
makes  the  penalty  for  a  past  criminal  act  greater  than  that  imposed  by  the 
law  in  force  when  the  act  was  committed. 


120     THE  FEDERAL  GOVERNMENT  IN  ACTION 

the  home  to  be  free  from  the  quartering  of  soldiers  in  it  in 
time  of  peace  and  from  unreasonable  searches  and  seizures, 
and  right  to  trial  by  jury.  No  person  shall  be  deprived  of 
"life,  liberty,  or  property,  without  due  process  of  law." 

Prohibitions  on  Congress  may  sometimes  be  ignored  by 
the  lawmakers  of  that  body.  In  such  a  case,  the  law  is 
promptly  tested  in  the  Federal  courts  by  some  one  suffer- 
ing therefrom,  and  such  a  law  is  held  to  be  in  conflict  with 
the  Constitution,  and  hence  null  and  void.  Even  a  bene- 
ficial law  of  Congress  would  suffer  the  same  fate,  if  found 
to  be  in  conflict  with  the  "  supreme  law  of  the  land."  Thus 
the  Supreme  Court,  construing  the  Constitution  and  hedg- 
ing in  the  power  of  Congress  therewith,  forms  one  of  the 
" checks  and  balances"  in  our  scheme  of  government. 

Process  of  Lawmaking. — How  can  an  assembly  of 
about  400  men  in  one  house  and  an  assembly  of  about  90 
men  in  another  house,  deliberate  to  the  best  advantage  over 
the  many  questions  that  come  before  them?.  How  can  the 
real  interests  of  one  hundred  million  people  be  represented 
and  safeguarded  in  such  a  gathering?  How,  for  instance, 
could  the  29,000  bills  introduced  during  the  one  hundred 
and  thirty  days  of  the  first  session  of  the  60th  Congress 
(i.  e.,  223  bills  a  day)  receive  proper  attention?  The  theory 
of  the  Constitution  was  that  each  bill  introduced  in  either 
house  should  receive  full  discussion  there,  and,  if  worthy, 
should  be  sent  on  to  the  other  house  for  a  second  scrutiny, 
that  any  hidden  flaw  might  be  detected  and  removed.  Thus 
purged  of  all  defects  and  purified  by  the  white  fire  of  dis- 
cussion, the  successful  bill  would  go  to  the  President  for  his 
signature,  thus  finally  becoming  a  law.  But  should  the 


CONGRESS  121 

President  discover  any  fault,  he  should  "veto,"  that  4s, 
refuse  to  sign,  and  return  the  bill  with  his  written  objections 
to  the  house  where  it  originated.  Both  houses,  by  a  two- 
thirds  vote,  could  pass  the  measure  over  the  President's 
veto.  The  veto  part  remains  as  the  Constitution  contem- 
plated. But  the  rest  of  the  process  of  lawmaking,  in  prac- 
tice, has  become  something  unknown  to  the  Constitution. 
The  practice  to-day  has  been  named  "legislation  by  com- 
mittee," and  "government  by  the  chairmen  of  the  standing 
committees  of  Congress."  Lawmaking  is,  in  fact,  a  matter 
now  in  the  hands  of  the  Speaker  and  the  committees  of 
Congress. 

The  Committee  System  of  Congress. — There  are  some 
fifty  or  sixty  standing  committees  in  each  house,  as  de- 
scribed on  a  preceding  page,  and  to  some  one  of  these  stand- 
ing committees  each  and  every  bill  is  referred.  The  life  of  a 
standing  committee  is  two  years — the  same  as  that  of  Con- 
gress. "Not  having  been  discussed,"  says  Bryce,1  "much 
less  affirmed  in  principle,  by  the  House,  a  bill  comes  before 
its  committee  with  no  presumption  in  its  favor,  but  rather 
as  a  shivering  ghost  stands  before  Minos  in  the  nether 
world.  It  is  one  of  many,  and  for  most  a  sad  fate  is  re- 
served. The  committee  may  take  evidence  regarding  it, 
may  hear  its  friends  and  opponents.  They  usually  do  hear 
the  member  who  has  introduced  it,  since  it  seldom  happens 
that  he  has  himself  a  seat  on  the  committee.  Members  who 
are  interested  approach  the  committee  and  state  their  case 
there,  not  in  the  House."  He  continues,  "The  committee 
can  amend  the  bill  as  they  please,  and '  although  they 

1  Bryce,    "American  Commonwealth,"  Vol.  I,  pp.  153-160. 


122  THE  FEDERAL  GOVERNMENT  IN  ACTION 

cannot  formally  extinguish  it,  they  can  practically  do  so  by 
reporting  adversely,  or  by  delaying  to  report  it  till  late  in 
the  session,  or  by  not  reporting  it  at  all.  In  one  or  other 
of  these  ways  nineteen  twentieths  of  the  bills  introduced 
meet  their  death,  a  death  which  the  majority  doubtless  de- 
serve, and  the  prospect  of  which  tends  to  keep  members 
reckless  as  regards  both  the  form  and  the  substance  of  their 
proposals.  A  motion  may  be  made  in  the  House  that  the 
committee  do  report  forthwith,  and  the  House  can  of 
course  restore  the  bill,  when  reported,  to  its  original  form. 
But  these  expedients  rarely  succeed,  for  few  are  the  meas- 
ures which  excite  sufficient  interest  to  induce  an  impatient 
and  overburdened  assembly  to  take  additional  work  upon 
its  own  shoulders  or  to  overrule  the  decision  of  a  com- 
mittee." 

The  committee  meetings  are  usually  secret.  The  public 
knows  very  little  of  what  goes  on  here. 

Bryce  has  summed  up  the  arguments  for  and  against  the 
committee  system  of  Congress. 

The  Evils  of  the  System. — (1)  "It  destroys  the  unity 
of  the  House  as  a  legislative  body."  It  is  as  a  committee 
man  that  a  member  does  his  real  work. 

(2)  "It  prevents  the  capacity  of  the  best  members  from 
being  brought  to  bear  upon  any  one  piece  of  legislation, 
however  important."    Such  legislation  may  fall  to  a  weak 
committee. 

(3)  "It  cramps  debate."     No  debate  is  needed  in  the 
House,  except  on  a  few  measures. 

(4)  "It  lessens  the  cohesion  and  harmony  of  legislation." 
Each  committee  acts  independently  of  the  others. 


CONGRESS  123 

(5)  "It  gives  facilities  for  the  exercise  of  underhand  and 
even  corrupt  influence.  ...  I  do  not  think  that  corrup- 
tion, in  its  grosser  forms,  is  rife  at  Washington.    When  it 
appears,  it  appears  chiefly  in  the  milder  form  of  reciprocal 
jobbing  or,  as  it  is  called,  'log-rolling.'    But  the  arrange- 
ments of  the  committee  system  have  produced  and  sustain 
the  class  of  professional  ' lobbyists/  men,  and  women  too, 
who  make  it  their  business  to  'see'  members  and  procure, 
by  persuasion,  importunity,  or  the  use  of  inducements,  the 
passing  of  bills,  public  as  well  as  private,  which  involve 
gain  to  their  promoters." 

(6)  "It  reduces  responsibility."    We  do  not  know  where 
to  place  blame  for  a  bad  bill,  or  praise  for  a  good  bill. 

(7)  "It  lowers  the  interest  of  the  nation  in  the  proceed- 
ings of  Congress . "    It  throws  power — but  not  responsibility — 
into  the  hands  of  the  chairmen  of  the  committees. 

The  Benefits  of  the  System.— (1)  "It  enables  the  House 
to  deal  with  a  far  greater  number  of  measures  and  subjects 
than  could  otherwise  be  overtaken,  and  has  the  advantage 
of  enabling  evidence  to  be  taken  by  those  whose  duty  it  is 
to  re-shape  or  amend  a  bill." 

(2)  "It  sets  the  members  of  the  House  to  work  for  which 
their  previous  training  has  fitted  them  much  better  than  for 
either  legislating  or  debating  'in  the  grand  style.' '     There 
is  more  business  and  less  oratory. 

(3)  "On  the  whole,  it  may  be  said  that  under  this  system 
the  House  dispatches  a  vast  amount  of  work  and  does  the 
negative  part  of  it,  the  killing  off  of  worthless  bills,  in  a 
thorough  way.     Were  the  committees  abolished  and  no 
other  organization  substituted,  the  work  could  not  be  done. 


124  THE  FEDERAL  GOVERNMENT  IN  ACTION 

But  much  of  it,  including  most  of  the  private  bills,  ought 
not  to  come  before  Congress  at  all." 

It  is  a  poor  system,  but  it  is  the  best  we  have  been  able 
to  work  out  thus  far,  in  a,  hundred  years'  experience.  It 
will  last  till  a  better  system  is  devised. 

Summary  of  the  Process  of  Lawmaking. — The  follow- 
ing are  the  steps  usually  followed  by  a  bill  in  the  process  of 
becoming  a  law.  (1)  "Introduced,"  by  being  presented  to 
the  clerk  of  the  house,  indorsed  with  its  title,  its  number, 
and  the  name  of  the  member  introducing  it.  (2)  First  and 

(3)  second  readings  on  different  days  by  the  clerk — one 
reading  consisting  merely  in  reading  the  title  of  the  bill. 

(4)  Referred  to  a  committee  by  the  Speaker  (or,  in  the 
Senate,  by  the  President  of  the  Senate).     (5)  Considered 
in  committee,  and,  if  not  " killed"  there,  (6)  reported  back 
to  the  house.    (7)  Considered,  debated,  perhaps  amended 
in  the  house.     (8)  Third  reading.     (9)  Vote— "  Shall  the 
bill  pass?  "    The  bill  when  passed  and  signed  by  the  presid- 
ing officer,  (10)  goes  to  the  other  house  and  repeats  the 
process  just  described.    When  passed  by  a  majority  of  both 
houses  and  (11)  signed  by  the  President,  a  course  taking 
usually  weeks  or  months,  it  becomes  a  law.    If  the  second 
house  amends  the  bill,  it  must  go  back  to  the  first  house  in 
order  that  the  amendment  may  be  "  concurred  in,"  that  is, 
accepted.    If  the  first  house  refuses,  then  each  house  ap- 
points a  certain  small  number  of  members  to  meet  a  set  of 
members  from  the  other  house  in  a  "joint  conference  com- 
mittee."   Here  is  where  most  of  the  longer  bills  are  finally 
shaped.    Thus  the  great  tariff  bills — the  McKinley  bill  of 
1890,  the  Dingley  bill  of  1897,  and  the  Payne  bill  of  1909, 


CONGRESS  125 

were  put  in  their  final  form  by  the  conference  committee. 
It  is  a  committee  of  great  power  and  little  responsibility. 

Freedom  of  Debate. — In  the  Senate,  where  more  dig- 
nity is  supposed  to  enter  into  the  deliberations,  freedom  of 
debate  is  allowed.  That  is,  any  member  may  speak,  and 
he  may  talk  as  long  as  he  pleases, — even  ten  or  fifteen  hours 
at  a  time,  as  has  been  done  in  a  few  cases.  In  the  House, 
however,  the  Speaker  may  " bottle  up"  a  member,  not  let- 
ting him  speak  at  all.  Or  the  House  may  pass  a  motion 
limiting  debate  to  five-minute  speeches  or  shutting  off  de- 
bate altogether.  Both  methods  are  common. 

Record. — A  complete  record  is  kept  of  all  the  proceed- 
ings of  each  house  of  Congress,  and  entered  upon  its  journal. 
Besides,  the  " Congressional  Record"  is  published  each  day, 
for  the  benefit  of  the  public  at  large;  this  is  a  verbatim  re- 
port of  all  business  transacted,  showing  what  bills  and  reso- 
lutions have  been  introduced,  by  whom,  and  the  debate  on 
them.  The  votes  are  also  shown,  and,  in  those  cases  where 
one  fifth  of  the  members  present  so  request,  the  name  and 
vote  of  each  member  is  given. 

The  Output -of  Legislation.— "Of  the  1,881  statutes 
put  on  the  statute-book  from  1899  to  1901,"  says  Hart, 
"  1,498  are  classified  in  the  statutes  as  'private/  211  more 
are  appropriations  or  other  bills  temporary  in  their  nature, 
leaving  only  172  measures  which  concern  the  perrnanent 
public  service  or  interest."  1  In  the  50th  Congress,  lasting 
four  hundred- and  twelve  days,  570  public  and  1,257  private 
acts  were  passed.  In  the  59th  Congress,  lasting  three  hun- 
dred days,  774  public  and  6,249  private  acts  were  passed. 

1  Hart,  "  Actual  Government,"  p.  256. 


126  THE  FEDERAL  GOVERNMENT  IN  ACTION 

Most  of  the  private  bills  are  private  pension  bills,  many  of 
them  worthy  enough,  but  hardly  fit  subjects  for  Congress 
to  pass  upon.  They  should  be  adjusted  elsewhere.  This 
would  leave  Congress  more  time  for  public  business. 

The  great  issues  before  the  lawmakers  of  Congress  in- 
volve the  difficult  questions  of  our  tariff,  our  finances,  our 
money  and  banking  systems,  the  regulation  of  railways  and 
other  corporations  and  combinations  of  corporations,  im- 
migration, colonial  problems,  the  army,  the  navy,  and  great 
international  questions  in  world  politics,  involving  the  war 
and  peace  of  nations.  Laws  on  these  and  other  questions 
are  of  course  passed  by  the  political  party  in  power.  These 
laws  are  therefore  criticized  by  the  other  party,  naturally, 
and  should  be  so  criticized.  Hence  it  is  difficult  to  find  an 
independent  judgment  passed  on  the  actual  work  of  Con- 
gress. Foreign  critics,  however,  usually  agree  that  our 
Congress  succeeds  in  enacting  many  laws  of  genuine  im- 
portance to  the  welfare  of  our  people. 

QUESTIONS  ON  THE  TEXT 

1.  What,  according  to  Hart,  are  the  two  most  powerful  influences 

in  Congress? 
,   2.  Explain  fully  the  terms  "long"  and  " short"  session. 

3.  Classify  the  powers  of  Congress.    Name  ten  powers  of  Congress. 

4.  Distinguish  between  implied  and  express  powers.     Give  an  ex- 

ample of  each.      What  is  the  extent  of  the  implied  powers? 

5.  What  is  the  extent  of  the  taxing  power  of  Congress?    In  what 

different  ways  can  it  be  used?     How  should  it  be  used? 

6.  State  the  commerce  clause  of  the  Constitution.     Define  and 

illustrate  " commerce";  " interstate." 

7.  What  progress  has  Congress  made  in  regulating  commerce? 

8.  What  territorial  powers  has  Congress?     What  power  over  the 

colonies?    Give  an  account  of  the  Panama  Canal  Zone. 


CONGRESS  127 

9.  Give  examples  of  the  exercise  of  miscellaneous  powers  by 
Congress. 

10.  State  and  explain  the  chief  prohibitions  on  Congress. 

11.  What  prohibition  on  Congress  concerning  the  "life,  liberty, 

or  property"  of  an  individual?     What  is  the  significance  of 
this  provision? 

12.  What  are  some  of  the  inherent  difficulties  in  the  process  of 

lawmaking?     What  is  the  theory  of  the  Constitution  as  to 
lawmaking?     The  process  in  practice? 

13.  Describe  in  full  the  committee  system  of  Congress. 

14.  State  six  evils  and  three  benefits  of  the  committee  system. 

15.  Summarize  briefly  the  steps  in  lawmaking. 

16.  Compare  freedom  of  debate  in  the  two  houses. 

17.  Where  can  we  find  a  report  of  the  proceedings  of  Congress? 

18.  Describe  the  output  of  legislation. 

QUESTIONS  SUGGESTED  BY  THE  TEXT 

1.  Consult  a  Congressional  Directory,  and  investigate:  (a)  Num- 

ber and  names  of  committees  in  each  house  in  charge  of  ex- 
penditures; (b)  Committees  in  charge  of  raising  revenue. 

2.  What  is  the  relation  of  the  Secretary  of  the  Treasury  to  Con- 

gress? 

3.  Give  an  account  of  the  Federal  Income  Tax  of  1894. 

4.  What  are  the  two  kinds  of  prohibitions  on  Congress?    Illustrate. 

5.  Debate,  Resolved,  that  our  present  committee  system  of  Con- 

gress should  be  ended  or  amended. 

REFERENCES 

Bryce,  "American  Commonwealth,"  Vol.  I,  Chs.  10-17. 

Wilson,  "Congressional  Government." 

McConachie,  "Congressional  Committees." 

Bliss  (editor),  "Encyclopedia  of  Social  Reform." 

Lalor,  "Cyclopedia." 

Mitchell,  "How  a  Law  Is  Made,"  North  American  Review,  CLIX, 

537-544. 
Crisp,  "How  Congress  Votes  Money,"   North  American  Review, 

CLXII,  14-20. 
See  also  References  for  last  chapter. 


CHAPTER  XI 

THE  FEDERAL  JUDICIARY 

"  John  Marshall  .  .  .  presided  over  the  Supreme  Court  from  1801 
till  his  death  in  1835  at  the  age  of  seventy-seven,  ...  No  other  man 
did  half  so  much  either  to  develop  the  Constitution  by  expounding  it, 
or  to  secure  for  the  judiciary  its  rightful  place  in  the  government  as  the 
living  voice  of  the  Constitution.  No  one  vindicated  more  strenuously 
the  duty  of  the  court  to  establish  the  authority  of  the  fundamental  law 
of  the  land,  no  one  abstained  more  scrupulously  from  trespassing  on  the 
field  of  executive  administration  or  political  controversy.  The  admi- 
ration and  respect  which  he  and  his  colleagues  won  for  the  court  re- 
main its  bulwark;  the  traditions  which  were  formed  under  him  and 
them  have  continued  in  general  to  guide  the  actions  and  elevate  the 
sentiments  of  their  successors."  BRYCE,  "American  Commonwealth," 
Vol.  I,  p.  261. 

The  Federal  Courts. — The  weakest  branch  of  our  gov- 
ernment was,  at  first,  the  judiciary.  This  was  at  the  time 
when,  as  Alexander  Johnston  has  said,  "  Almost  every  State 
in  the  Union  in  turn  declared  its  own  sovereignty  and  de- 
nounced as  almost  treasonable  similar  declarations  in  other 
cases  by  other  States."  Pennsylvania,  for  instance,  in  1809, 
being  offended  at  the  Supreme  Court  in  the  Olmstead  case, 
indorsed  this  resolution  of  her  legislature:  "Resolved,  That 
in  a  government  like  that  of  the  United  States,  where  there 
are  powers  granted  to  the  General  Government,  and  rights 
reserved  to  the  States,  it  is  impossible,  from  the  imperfec- 
tions of  language,  so  to  define  the  limits  of  each,  that  diffi- 
culties should  not  sometimes  arise  from  a  collision  of 

128 


THE  FEDERAL  JUDICIARY  129 

powers;  and  it  is  to  be  lamented,  that  no  provision  is  made 
in  the  Constitution  for  determining  disputes  between  the 
General  and  State  governments  by  an  impartial  tribunal, 
when  such  cases  occur." 

Among  the  eleven  States  disapproving  of  this  strange  and 
contradictory  resolution  was  Virginia,  whose  general  as- 
sembly ably  defended  the  Supreme  Court  and  replied  in 
part  as  follows: — 

"The  committee,  to  whom  was  referred  the  communica- 
tion of  the  governor  of  Pennsylvania,  covering  certain  reso- 
lutions of  the  legislature  of  that  State,  proposing  an  amend- 
ment to  the  Constitution  of  the  United  States,  by  the 
appointment  of  an  impartial  tribunal  to  decide  disputes 
between  the  State  and  Federal  judiciary,  have  had  the  same 
under  their  consideration,  and  are  of  opinion  that  a  tribunal 
is  already  provided  by  the  Constitution  of  the  United 
States,  to  wit :  the  Supreme  Court,  more  eminently  qualified 
from  their  habits  and  duties,  from  the  mode  of  their  selec- 
tion, and  from  the  tenure  of  their  offices,  to  decide  the  dis- 
putes aforesaid  in  an  enlightened  and  impartial  manner, 
than  any  other  tribunal  which  could  be  erected. 

"The  members  of  the  Supreme  Court  are  selected  from 
those  in  the  United  States  who  are  most  celebrated  for 
virtue  and  legal  learning;  not  at  the  will  of  a  single  indi- 
vidual, but  by  the  concurrent  wish  of  the  President  and 
Senate  of  the  United  States.  They  will  therefore  have  no 
local  prejudices  and  partialities. 

"The  duties  they  have  performed  lead  them  necessarily 
to  the  most  enlarged  and  accurate  acquaintance  with  the 

jurisdiction  of  the  Federal  and  several  State  courts  to- 
Govt.  No.  Dak. — 9 


130  THE  FEDERAL  GOVERNMENT  IN  ACTION 

gether,  and  with  the  admirable  symmetry  of  our  govern- 
ment. 

"The  tenure  of  their  office  enables  them  to  pronounce  the 
sound  and  correct  opinions  they  may  have  formed,  without 
fear,  favor,  or  partiality. 

"The  judiciary  are  the  weakest  of  the  three  departments 
of  government,  and  least  dangerous  to  the  political  rights 
of  the  Constitution;  they  hold  neither  the  purse  nor  the 
sword,  and  even  to  enforce  their  own  judgments  and  de- 
crees, must  ultimately  depend  upon  the  executive  arm." 

Under  the  Articles  of  Confederation  there  had  been  no 
Supreme  Court.  The  sore  need  of  one  was  a  lesson  the 
Fathers  of  the  Constitution  had  learned.  And  so  they 
created  a  Federal  court  system  as  one  branch  of  our  govern- 
ment. This  branch  has  long  since  come  to  its  true  position 
as  an  equal  and  coordinate  part  of  our  governmental  sys- 
tem. Indeed,  some  critics  now  fear  it  is  too  strong. 

Federal  Judges. — The  courts  of  the  regular  Federal 
judiciary  are  of  four  classes;  but  the  judges  who  sit  in 
these  courts  are  divided  into  only  three  classes:  (1)  Supreme 
Court  Justices,  who  receive  a  salary  of  $14,500  ($15,000 
for  the  Chief  Justice) ;  (2)  Circuit  Judges,  who  receive  $7,000; 
and  (3)  District  Judges,  who  receive  $6,000.  Compared 
with  the  incomes  of  practicing  lawyers  of  equal  ability,  the 
salaries  of  these  judges — especially  the  Supreme  Court  Jus- 
tices— are  absurdly  low.  All  Federal  judges  are  appointed 
by  the  President,  with  the  consent  of  the  Senate.  The 
tenure  of  office  of  all  Federal  judges  is  the  same,  namely,  for 
life.  They  can  be  removed  by  impeachment  in  case  of  mis- 
conduct. But  of  the  450  and  more  Federal  judges  since 


THE  FEDERAL  JUDICIARY 


131 


1789,  only  two  have  been  thus  removed,  and  they  were 
accused  of  technical  misconduct,  not  of  corruption. 

The  four  classes  of  Federal  courts  are:  (1)  The  Supreme 
Court,  (2)  Circuit  Courts  of  Appeals,  (3)  Commerce  Court, 
(4)  District  Courts. 

1.  Supreme  Court. — The  Supreme  Court  was  created 
by  the  Constitution  itself,  and  hence  cannot  be  abolished 


The  Supreme  Court  Chamber 

by  Congress.  It  consists  at  present  of  nine  Supreme  Court 
Justices;  one  is  known  as  the  Chief  Justice,  and  the  other 
eight  are  called  Associate  Justices.  The  Supreme  Court 
holds  its  annual  sittings  in  Washington,  beginning  in  Octo- 
ber and  lasting  till  May  or  July.  The  sitting  ending  in  May, 
1910,  is  spoken  of  as  the  October  term  for  1909.  About  350 


132  THE  FEDERAL  GOVERNMENT  IN  ACTION 

cases  are  disposed  of  a  year,  nearly  all  of  them  cases  brought 
to  this  court  on  appeal  from  the  lower  courts. 

2.  Circuit  Courts  of  Appeals.— All  the  " inferior "  Fed- 
eral courts  were  created  by  Congress,  as  the  Constitution 
stipulates.    There  are  nine  Circuit  Courts  of  Appeals,  cor- 
responding in  number  to  the  justices  of  the  Supreme  Court, 
one  of  whom  is  assigned  to  each  circuit.     Each  of  these 
courts  is  made  up  of  three  Circuit  Judges,  or  of  two  Circuit 
Judges  and  the  Supreme  Court  Justice  of  the  circuit.   These 
courts  were  created  by  act  of  Congress  in  1891,  when  it  was 
found  that  the  Supreme  Court  was  four  years  behind  with 
the  cases  awaiting  trial,  and  was  steadily  getting  farther 
behind.    Many  cases  therefore  are  finally  ended  in  the  Cir- 
cuit Courts  of  Appeals,  leaving  no  chance  to  appeal  to  the 
Supreme  Court.     However,  if  a  case  clearly  involves  the 
Federal  Constitution  or  laws,  it  may  still  be  appealed  to  the 
Supreme  Court. 

3.  Commerce  Court. — The  Court  of  Commerce  con- 
sists of  five  judges  who  are  assigned  to  this  Court  from 
time  to  time  by  the  Chief  Justice  of  the  United  States, 
from  among  the  circuit  judges,  for  the    period  of   five 
years.      One  judge  retires  each  year.      The  jurisdiction 
of  this  court   extends   to  interstate   commerce  matters, 
especially   orders    issued    by  the    Interstate    Commerce 
Commission. 

4.  District  Courts. — Each  State  either  constitutes  one 
judicial  district,  or  is  divided  into  two  or  three  or  four  dis- 
tricts.   A  District  Court  is  held  in  each  district  by  a  District 
Judge.    Usually  there  is  one  District  Judge  for  each  district, 
but  some  districts  have  two  judges,  each  holding  court  by 


THE  FEDERAL  JUDICIARY  133 

himself.  There  are  now  about  ninety  District  Courts  in  the 
United  States.  They  have  original  jurisdiction  of  most 
cases  under  Federal  law.  Bankruptcy  cases,  patent  and 
copyright  cases,  and  trials  involving  offenses  on  Indian 
reservations — such  as  selling  liquor  to  the  Indians — are 
examples  of  cases  commonly  tried  in  the  District  Courts. 

Court  of  Claims. — There  is  a  special  inferior  court, 
known  as  the  Court  of  Claims,  consisting  of  five  judges.  It 
was  created  to  settle  private  claims  against  the  United 
States,  for  an  individual  could  not  sue  the  government  in 
ordinary  courts.  Claims  found  valid  by  this  court  are  paid 
by  Congress  through  appropriations  made  for  that  purpose. 

Jurisdiction  of  Federal  Courts. — The  Federal  Constitu- 
tion defines  the  jurisdiction  of  the  Federal  courts.  Cases 
coming  outside  of  this  jurisdiction  are  left  to  the  State 
courts.  Most  cases  begin  and  end  in  the  State  courts,  for 
there  is  no  appeal  to  a  Federal  court  unless  there  is  a  Federal 
question  at  stake — that  is,  unless  some  law  or  treaty  or  the 
Constitution  of  the  United  States  is  called  in  question.  Un- 
fortunately, the  sweeping  prohibitions  of  the  Fourteenth 
Amendment  are  doing  much  to  break  down  the  distinction 
between  State  and  Federal  questions.  These  prohibitions 
are,  "No  State  shall  make  or  enforce  any  law  which  shall 
abridge  the  privileges  or  immunities  of  citizens  of  the  United 
States;  nor  shall  any  State  deprive  any  person  of  life,  lib- 
erty, or  property  without  due  process  of  law,  nor  deny  to 
any  person  within  its  jurisdiction  the  equal  protection  of 
the  laws." 

The  jurisdiction  of  the  Federal  courts  extends  to  the  fol- 
lowing cases: 


134  THE  FEDERAL  GOVERNMENT  IN  ACTION 

1.  Cases  affecting  ambassadors,  other  public  ministers, 

and  consuls. 

2.  Cases  of  admiralty  and  maritime  affairs. 

3.  Controversies  in  which  the  United  States  is  involved.. 

4.  Controversies  between  States. 

5.  "All  cases,  in  law  and  equity,  arising  under  this  Con- 

stitution, the  laws  of  the  United  States,  and  treaties 
made,  or  which  shall  be  made,  under  their  author- 
ity." 

As  originally  adopted,  the  Constitution  permitted  an  in- 
dividual to  bring  suit  in  a  Federal  court  against  a  State 
other  than  the  one  in  which  he  was  living.  An  attempt  was 
accordingly  made  in  1794  by  one  Mr.  Chisholm,  to  drag 
Georgia  before  the  Supreme  Court.  This  was  so  highly  dis- 
pleasing to  the  States  that  in  1798  the  Eleventh  Amend- 
ment was  passed,  declaring  that  Federal  jurisdiction  does 
not  extend  to  suits  "commenced  or  prosecuted  against  one 
of  the  United  States  by  citizens  of  another  State,  or  by  citi- 
zens or  subjects  of  any  foreign  State."  Acting  on  this  prin- 
ciple some  States  have  refused  to  pay  debts  they  were  ow- 
ing to  citizens  of  other  States. 

Equity. — The  Constitution  provides  for  both  law  and 
equity  cases.  Law  offers  a  remedy  only  after  an  offense  has 
been  committed,  after  the  damage  has  been  done.  But  if  an 
irreparable  damage  is  about  to  be  done,  and  can  be  pre- 
vented, equity  offers  the  proper  prevention.  Law  offers  a 
cure,  according  to  the  rigid  provisions  of  the  statutes: 
equity  not  only  offers  in  many  cases  a  better  remedy  ac- 
cording to  general  principles  of  justice,  but  often  it  can  fur- 
nish prevention.  To  illustrate.  A  band  of  desperate  men 


THE  FEDERAL  JUDICIARY  135 

in  a  labor  dispute,  it  is  asserted,  are  about  to  burn  a  freight 
train  of  their  employer.  This  would  be  a  damage  difficult 
if  not  impossible  to  repair.  The  owner  may  go  to  the 
Federal  court  and  secure  an  "  injunction,"  that  is,  an  order 
to  the  men  to  stay  away  from  the 'train.  Violating  this 
order  by  approaching  the  train  would  constitute  "  contempt 
of  court,"  for  which  the  men  could  be  promptly  arrested 
and  sentenced  to  jail  by  the  same  judge  who  gave  the  order. 
This  illustrates  a  common  equity  case. 

Equity  is  a  branch  of  unwritten  law,  as  is  the  common 
law.  It  is  designed  to  work  justice  where  written  law  and 
the  common  law  would  fail.  In  the  case  above  given  for 
illustration,  it  is  obvious  that  the  judge  lays  down  the  rule 
(in  a  sense  therefore  is  a  lawmaker),  judges  as  to  its  in- 
fraction, and  pronounces  sentence.  We  sometimes  hear 
complaints  concerning  " government  by  injunction."  But 
since  prevention  is  better  than  cure  both  in  medicine  and 
in  law,  this  power  of  granting  injunctions  and  other  orders 
will  probably  not  be  taken  away  from  the  courts. 

Court  Officers. — The  President  appoints  for  each  Dis- 
trict Court  a  District  Attorney  and  a  Marshal.  The  Dis- 
trict Attorney  is  charged  with  the  duty  of  bringing  suits 
against  the  violators  of  Federal  law  in  his  district.  The 
Marshal,  like  a  sheriff,  is  the  executive  officer  in  his  district. 
His  duty  is  to  execute  the  orders  of  the  court.  United 
States  Commissioners,  appointed  in  each  district  by  the 
District  Court  correspond  somewhat  to  the  justices  of  the 
peace  in  the  State  judicial  system.  They  hear  complaints, 
examine  witnesses,  prepare  matters  for  the  sessions  of  the 
court,  and  in  various  ways  assist  the  District  Courts. 


136     THE  FEDERAL  GOVERNMENT  IN  ACTION 

Workings  of  the  Courts. — There  are  four  grades  of  law  in 
the  United  States,  and  they  are,  in  the  order  of  their  im- 
portance: (1)  Federal  Constitution;  (2)  Federal  laws  and 
treaties;  (3)  State  constitutions ;  (4)  State  laws.  In  case  of 
conflict,  the  lower  must  give  way  to  the  higher. 

Thus  the  judges  in  a  Federal  court  may  overrule  a  State 
law,  a  provision  in  a  State  constitution,  or  a  Federal  law,  if 
it  conflicts  with  the  Federal  Constitution.  The  Federal 
Constitution  is  the  "  supreme  law,"  to  be  changed  only  by 
the  people  by  the  process  of  amendment  provided  therein. 
Do  the  Federal  judges  therefore  control  the  State  legisla- 
tures and  Congress?  The  real  work  of  the  court  on  con- 
stitutional questions,  is  to  pass  judgment  not  on  the  wisdom 
of  the  law,  or  the  benefits  or  evils  of  the  law,  but  on  the  sole 
question  of  the  constitutionality  of  the  law.  When  the  first 
law  of  Congress  was  declared  unconstitutional  (Marbury  vs. 
Madison,  1803)  by  the  Supreme  Court,  Chief  Justice  Mar- 
shall laid  down  this  sound  principle:  " So  if  a  law  be  in  op- 
position to  the  Constitution ;  if  both  the  law  and  the  Consti- 
tution apply  to  a  particular  case,  so  that  the  court  must 
either  decide  that  case  conformably  to  the  law,  disregarding 
the  Constitution,  or  conformably  to  the  Constitution,  dis- 
regarding the  law,  the  court  must  determine  which  of  these 
conflicting  rules  govern  the  case."  The  Constitution  must 
of  course  prevail.  The  court  is  thus  seen  to  be  merely  one 
more  of  those  " checks  and  balances"  provided  so  liberally 
in  our  system  of  government.  The  court  cannot  "control" 
the  legislature,  but  merely  checks  the  legislature  when  it 
attempts  to  overstep  its  true  constitutional  limits. 

The  courts  try  only  concrete  cases.    The  Supreme  Court 


THE  FEDERAL  JUDICIARY  137 

refused  to  furnish  President  Washington  opinions  on  a  set 
of  abstract  questions  which  he  presented  to  the  court.  An 
actual  case  must  be  brought  before  it.  The  Supreme  Court 
listens  to  the  arguments  in  a  case,  reads  the  printed  briefs 
filed  by  the  attorneys,  and  then  discusses  the  matter.  One 
member  writes  an  opinion  on  the  case,  and  brings  it  in  for 
further  discussion.  If  the  other  members  concur,  it  is 
printed  and  stands  as  the  opinion  of  the  court.  If  the  mem- 
bers differ  among  themselves,  any  one  or  more  may  sign  an 
opinion  of  their  own;  but  the  opinion  of  the  majority  is  the 
opinion  of  the  court.  Thus  many  important  opinions  are 
given  by  a  "divided  court";  some  by  a  unanimous  court. 
The  famous  Northern  Securities  case  decision  came  from 
the  court  divided  five  against  four.  The  written  opinions 
of  the  Federal  courts  are  all  bound  in  substantial  volumes 
and  preserved  in  law  libraries  in  every  section  of  the  country, 
where  they  are  consulted  and  followed  by  the  lawyers  and 
judges.  Precedent  is  religiously  followed. 

The  Supreme  Court  has  great  stability,  yet  it  sometimes 
reverses  itself.    This  court  changes,  but  changes  slowly. 

QUESTIONS  ON  THE  TEXT 

1.  Name  five  Federal  courts. 

2.  How  olid  the  Federal  courts  rank  at  first  among  the  three 

branches  of  our  government?    Why? 

3.  State  briefly  the  action  taken  by  Pennsylvania  and  Virginia 

in  1809-1810. 

4.  What  is  the  present  position  of  our  Federal  courts? 

5.  What  are  the  salaries  of  the  different  Federal  judges?    Term 

of  office?    Method  of  appointment? 

6.  How  may  judges  be  removed?     How  many  have  been  thus 

removed? 


138  THE  FEDERAL  GOVERNMENT  IN  ACTION 

7.  State  the  jurisdiction  of  the  Federal  courts. 

8.  What  kind  of  cases  come  before  the  Supreme  Court?     The 

Circuit  Courts  of  Appeals  ?  The  Commerce  Court  ?  The  Dis- 
trict Courts? 

9.  What  kinds  of  cases  may  be  appealed  from  State  to  Federal 

courts? 

10.  May  a  person  sue  a  State?    Why? 

11.  Define  Equity,  and  illustrate  its  meaning. 

12.  Name  three  court  officers.     Give  duties  of  each.     Method  of 

appointment. 

13.  How  many  grades  of  law  in  the  United  States?     Which  is 

"supreme"?    Who  can  change  the  "supreme  "  law,  and  how? 

14.  Are  our  judges  above  the  law?    Do  we  have  judge-made  law? 

15.  Describe  the  workings  of  the  courts. 

QUESTIONS  SUGGESTED  BTT  THE  TEXT 

1.  Debate,  Has  the  Fourteenth  Amendment  (sec.  I)  been  justified? 

2.  Debate,  Government  "by  injunction"  is  contrary  to  public 

policy. 

3.  Should  five  Supreme  Court  judges  have  the  power  of  overruling 

a  law  passed  by  the  400  members  of  Congress  and  signed  by 
the  President? 

4.  Have 'we  too  many  "checks  and  balances"  in  our  government? 

5.  Name  the  present  members  of  the  Supreme  Court.    Name  the 

District  Judge  for  North  Dakota.  In  which  judicial  circuit 
is  North  Dakota,  and  who  are  its  Circuit  Judges?  (See 
"Congressional  Directory.") 

6.  Give  a  sketch  of  the  life  of  John  Marshall. 

7.  Secure  a  copy  of  a  brief  and  examine  it  carefully.      (See  any 

lawyer  or  judge.) 

REFERENCES 

Bryce,  "American  Commonwealth,"  Vol.  I,  Chs.  22-24. 

Woodburn,  "American  Republic,"  Ch.  6. 

Hart,  "Actual  Government,"  Ch.  17. 

Willoughby,  "  Supreme  Court." 

Carson,  "  Supreme  Court." 

Harrison,  "This  Country  of  Ours,"  pp.  300-330. 


CHAPTER    XH 

PUBLIC  FINANCE,  MONEY,   AND  BANKING 

"  (1)  The  subjects  of  every  state  ought  to  contribute  towards  the 
support  of  the  government,  as  nearly  as  possible,  in  proportion  to  their 
respective  abilities;  that  is,  in  proportion  to  the  revenue  which  they 
respectively  enjoy  under  the  protection  of  the  state. 

"  (2)  The  tax  which  each  individual  is  bound  to  pay  ought  to  be 
certain,  and  not  arbitrary.  The  time  of  payment,  the  manner  of  pay- 
ment, the  quantity  to  be  paid  ought  all  to  be  clear  and  plain  to  the  con- 
tributor and  to  every  other  person. 

"  (3)  Every  tax  ought  to  be  so  contrived  as  both  to  take  out  and  to 
keep  out  of  the  pockets  of  the  people  as  little  as  possible  over  and  above 
what  it  brings  into  the  public  treasury  of  the  state."  ADAM  SMITH, 
"  Wealth  of  Nations,"  Bk.  V,  Ch.  2,  Part  II. 

Public  Finance. — Public  finance  deals  with  the  rev- 
enues, expenses,  and  debts  of  a  government.  The  main 
difference  between  public  finance  and  private  finance  is 
this:  the  private  individual  must  adjust  his  expenditures  to 
his  income,  whereas  the  state  makes  its  income  big  enough 
to  fit  its  expenditures.  A  surplus  at  the  end  of  the  year  is  a 
good  thing  for  the  individual.  It  is  a  bad  thing  for  the  state, 
for  it  means  that  too  much  money  has  been  taken  from  the 
pockets  of  the  people.  It  also  is,  as  our  bitter  experience 
proves,  a  fruitful  source  of  wasteful  and  corrupt  expendi- 
tures. A  budget  is  an  estimate  of  the  state's  expenses  and 
revenue  for  the  next  "fiscal"  year.  The  fiscal  year  means 
a  year  of  the  treasury  administration,  and  is  commonly 

counted  from  July  1  to  June  30.    The  budget  is  prepared 

139 


140  THE  FEDERAL  GOVERNMENT  IN  ACTION 

by  the  official  in  charge  of  the  treasury,  and  his  estimates 
are  based  on  expenses  and  income  of  the  past  year.  The 
legislative  body  passes  on  the  budget  and  may  or  may  not 
follow  it  as  a  guide  in  providing  the  income  and  making  the 
expenditures  for  the  coming  year.  Our  own  Congress  has 
on  many  occasions  paid  scant  heed  to  the  budget,  spending 
freely  and  meeting  the  deficit  by  borrowing. 

Public  Expenditures. — The  Federal  government  is  now 
spending  more  than  $1,000  a  minute,  day  and  night,  365 
days  in  the  year.  This  means  about  $1,500,000  a  day,  and 
more  than  $500,000,000  a  year.  Each  Congress  spends 
over  a  billion  dollars.  Truly  it  must  be  as  Speaker  Reed 
replied :  "This  is  a  billion  dollar  country/'  For  what  is  this 
vast  sum  expended?  From  what  sources  does  it  come? 
These  are  interesting  questions  to  answer. 

Objects  of  Expenditures. — Taking  the  year  1908  as  a 
typical  year,  we  find  the  four  principal  objects  of  expendi- 
ture were,  in  the  order  of  their  size,  as  follows: 

1.  Pensions $153,892,467 

2.  Army 139,927,465 

3.  Navy 118,780,233 

4.  Panama  Canal 38,093,425 

The  total  expenditures  for  this  year  (1908)  were  $850,000,000. 
Four  minor  objects  of  expense,  but  objects  of  great  and  last- 
ing importance  to  the  public,  were  the  following: 

1.  Department  of  Commerce  and  Labor     .     .     .  $14,850,000 

2.  The  Post  Office 13,664,000 

3.  Department  of  Agriculture 13,460,000 

4.  Ambassadors  and  Consuls    .......  3,745,000 

The  Post  Office,  it  will  be  remembered,   is  almost  self- 


PUBLIC  FINANCE,  MONEY,  AND  BANKING  141 

supporting,  most  of  the  expense  being  met  by  the  sale  of 
stamps.  The  deficit  is  met  by  an  appropriation. 

A  second  reading  of  the  above  figures  will  show  what  a 
large  sum  our  government  is  spending  for  defense  in  case 
of  war,  and  what  a  small  sum,  relatively,  for  the  peaceful 
development  of  the  agriculture,  industry,  and  commerce 
of  our  country.  Before  passing  final  judgment,  however, 
we  should  look  at  the  expenditures  of  our  State,  city,  and 
county,  where  there  is  no  army  and  navy.  For,  after  all, 
but  a  small  part  of  our  taxes  are  Federal  taxes:  our  local 
government  costs  the  most. 

Public  Revenues.— It  is  evident  that  the  total  expenses 
above  described  amount  to  approximately  $10  a  head  per 
year  for  every  man,  woman,  and  child  in  the  country.  This 
would  bring  the  expense  up  to  $50  for  a  family  of  five.  Who 
pays  this  money?  How  much  does  it  cost  to  collect  it? 
These  interesting  questions  can  be  answered  in  a  few  words. 

Sources  of  Revenue. — The  money  to  carry  on  the  gov- 
ernment comes  almost  entirely  from  taxation.  The  Post 
Office,  the  only  business  conducted  by  the  government, 
brings  in  about  $200,000,000  a  year.  The  public  land  'is 
now  nearly  gone,  so  that  the  revenue  from  sales  of  land  and 
from  sales  of  timber  and  minerals  is  very  small.  The  kind 
of  taxation  relied  upon  by  the  Federal  government  is  the 
kind  known  as  indirect  taxation.  That  is,  the  people  pay 
taxes  indirectly,  largely  without  knowing  it.  A  direct  tax 
is  a  tax  paid  directly  by  the  individual  taxpayer  to  the 
collector,  and  recognized  by  both  parties  as  a  tax.  An  ex- 
ample is  the  tax  on  his  land  paid  by  the  individual  to  his 
county  treasurer.  An  example  of  an  indirect  tax  is  the 


142  TH£  FEDERAL  GOVERNMENT  IN  ACTION 

tariff  duty  paid  to  the  government  by  a  New  York  merchant 
on  a  silk  dress  which  he  later  sells  to  a  customer.  The  cus- 
tomer of  course  pays  to  the  merchant  a  "  price "  made  up 
of  these  two  elements:  (1)  the  cost  of  the  dress  plus  a  profit, 
and  (2)  the  duty.  Ultimate  consumers  thus  in  a  round- 
about way  pay  the  indirect  taxes  of  the  government,  but 
the  blindfolded  consumers  call  it  a  " price"  and  not  a 
"tax." 

At  the  present  time  the  Federal  government  levies  no 
direct  tax.  The  oft-debated  income  tax  would  be,  of 
course  a  direct  tax  as  we  now  understand  the  term. 

The  indirect  taxes  levied  by  our  government  are  chiefly 
of  two  kinds,  (1)  Duties  on  imports,  called  Tariff,  or  Cus- 
toms Duties  and  (2)  Internal  Revenue,  sometimes  called 
Excise. 

1.  The  Tariff.— Our  tariff  is  of  three  kinds: 
(a)  Revenue  (no  protection). 

(6)  Protection  and  Revenue. 

(c)  Protection  (no  revenue;  a  prohibitive  tariff,  such  as 
that  on  tin  plate). 

An  example  of  a  revenue  tariff  is  the  duty  on  diamonds. 
These  are  not  produced  in  the  United  States.  An  example 
of  a  protective  tariff  is  the  duty  on  wool  and  woolens. 
This  tariff  produces  several  millions  of  dollars  revenue  and 
" protects"  the  American  manufacturer  of  woolen  goods. 
Foreign  competitors  cannot  undersell  him. 

2.  Internal  Revenue. — The    internal    revenue    comes 
principally  from  these  three  sources : 

(a)  Whisky  ($1.10  a  gallon). 

(6)  Beer  ($1.00  a  barrel,  31  gallons). 


PUBLIC  FINANCE,  MONEY,'  AND  BANKING  143 

(c)  Tobacco  ($0.06  a  pound;  cigars,  $3.00  per  1,000;  ciga- 
rettes, $1.08  per  1,000). 

The  income  from  internal  revenue  does  not  fluctuate  as 
much  as  that  from  the  tariff.  Thus  the  panic  of  1907 
caused  a  shrinkage  of  $46,000,000  in  the  tariff,  and  of  only 
$18,000,000  in  the  internal  revenue  for  the  year. 

3.  Corporation  Tax. — Congress  in  1909  adopted  an  in- 
come tax  on  corporations,  but  named  it  an  "excise  tax." 
It  is  a  tax  of  one  per  cent,  on  the  total  net  income  of  every 
business  corporation  over  and  above  $5,000.  The  tax  is 
intended  to  serve  two  distinct  purposes:  (1)  A  fiscal  pur- 
pose, that  is,  to  bring  in  revenue;  (2)  a  social  purpose,  that 
is,  to  afford  government  regulation  of  corporations. 

The  constitutionality  of  this  law  remains  to  be  tested  by 
the  courts. 

Total  Income  for  1908.— For  the  fiscal  year  1908  the 
total  receipts  of  the  government  were  as  follows: 

Tariff $286,113,130 

Internal  Revenue 251,711,127 

Post  Office 191,478,663 

Miscellaneous 63,301,862 


$792,604,782 

Who  Pays  the  Federal  Tax?— It  is  difficult  to  deter- 
mine the  exact  amount  of  tariff  and  internal  revenue  paid  by 
any  individual.  This  is  considered  as  an  argument  both  for 
and  against  this  mode  of  taxation.  But  the  government 
has  published  statistics  by  means  of  which  we  can  tell,  ap- 
proximately, what  a  common  laboring  man  contributes 
each  year  on  three  simple  articles  of  daily  consumption — 


144     THE  FEDERAL  GOVERNMENT  IN  ACTION 

without  knowing  it — to  the  support  of  the  government.1 
Let  us  assume,  for  illustration,  that  the  man  has  a  wife  and 
eight  children;  that  is,  that  the  family  consists  of  ten  per- 
sons. And  let  us  ignore  the  fact  that  they  wear  woolen 
clothing  of  any  kind,  use  any  imported  toys,  or  rice  or  any 
other  protected  article,  except  sugar  alone.  Let  us  also  as- 
sume that  the  man  consumes  tobacco  and  liquor  to  the  ex- 
tent consumed  by  the  average  man  throughout  the  country. 
Under  these  conservative  conditions  the  Federal  taxes  on 
only  three  things  for  a  family  of  ten  would  be  as  follows : 

Sugar         .-    $7.50 

Tobacco 2.76 

Liquors 3.84 

Total        $14.10 

Out  of  every  dollar  spent  for  tobacco,  twenty  cents  goes  to 
the  government.  Of  every  dollar  spent  for  imported  sugar, 
twenty-five  cents  goes  to  the  government. 

Criticisms. — The  main  argument  for  this  Federal  sys- 
tem of  indirect  taxation  are  these :  It  is  simple  and  easy  to 
administer,  it  is  definite  and  certain  (the  internal  revenue, 
that  is),  bringing  in  a  steady  and  large  revenue;  it  is  inex- 
pensive to  administer,  taking  "out  of  the  pockets  of  the 
people  as  little  as  possible  over  and  above  what  it  brings 
into  the  public  treasury  of  the  state."  The  arguments 
against  it  are  these :  It  makes  the  poor  man  pay  as  much  as 
the  rich  man,  and  sometimes  much  more,  and  is  therefore 
unjust.  They  should  pay,  as  Adam  Smith  says,  "as  nearly 
as  possible  in  proportion  to  their  respective  abilities." 

1  Statistical  Abstract  of  the  United  States,  1908  (published  annually) ; 
18th  Annual  Report,  U.  S.  Bureau  of  Labor,  1903. 


PUBLIC  FINANCE,  MONEY,  AND  BANKING  145 

And  further,  this  system  causes  waste  and  extravagance 
on  the  part  of  the  government,  no  one  taxpayer  realizing 
keenly  enough  the  drain  on  his  own  pocket.  And  it. is 
further  argued  against  customs  duties,  especially  the  pro- 
tective tariff,  that  it  takes  from  the  customer's  pocket  not 
only  a  revenue  for  the  government  on  goods  imported,  but 
also  an  extra  profit  to  go  into  the  pocket  of  the  domestic 
producer;  and  that  it  gives  special  favors  to  the  few  at  the 
expense  of  the  many,  thus  forming  a  privileged  class  who 
in  turn  corrupt  the  government. 

Cost  of  Collection. — Thousands  of  men  are  employed 
as  customs  officers  and  internal  revenue  officers.  There 
must  be  a  collector  or  deputy  collector  (of  the  tariff)  at 
every  seaport,  no  matter  how  small  the  village,  and  at  every 
village  at  or  near  the  Mexican  border  on  the  south  and  the 
Canadian  border  on  the  north.  Yet  the  expense  of  this 
vast  revenue  machinery  is  relatively  small.  The  cost  of 
collecting  the  tariff  now  averages  three  per  cent,  of  the 
total  amount  collected;  and  the  cost  of  collecting  the  in- 
ternal revenue  averages  two  per  cent,  of  the  amount  col- 
lected. 

Debt. — The  debt  of  the  United  States  is  very  small  com- 
pared with  that  of  other  countries,  such  as  Great  Britain 
and  France.  This  is  seen  in  the  table  below. 

NATIONAL  DEBTS 

Year  Debt 

United  States  (population  90,000,000)               1908  $938,132,409 

Great  Britain  (population  45,000,000)               1906  $3,839,620,745 

France              (population  39,000,000)               1906  $5,655,134,825 

Our  debt  could  easily  be  paid  in  one  year,"  if  it  were  due. 
Govt.  No.  Dak.— 10 


146 


THE  FEDERAL  GOVERNMENT  IN  ACTION 


But  most  of  it  runs  for  thirty  years.    Meanwhile  the  annual 

interest  charge  is  about  $21,000,000.    Most  of  this  debt  has 

been  handed  down  from  Civil  War  times. 

Sub  treasury  System. — Shall  the  government  deposit  its 

funds  in  banks,  as  individuals  do?  Or  shall  it  have  a  medi- 
aeval strong  box  and 
lock  up  its  moneys? 
Our  government  has 
adopted  the  "  strong 
box"  system,  known 
as  the  subtreasury 
system.  Most  of  the 
funds  (some  are  left 
in  banks)  are  placed 
in  the  United  States 
Treasury  direct,  or  in 
one  of  the  eight  sub- 
treasuries,  especially 
the  large  one  in  Wall 
Street,  New  York. 
The  money  is  thus 
in  the  Mint,  Philadelphia  withdrawn  from  com- 

merce  and  trade,  business  men  say,  and  the  country  is 
made  to  suffer  unnecessarily. 

Money. — In  1792  the  United  States  established  a  mint 
for  the  coinage  of  money.  There  was  "free  coinage"  of 
gold  and  silver  at  the  ratio  of  15  to  1,  that  is,  fifteen  ounces 
of  silver  had  the  same  coinage  value  as  one  ounce  of  gold. 
The  free  coinage  and  bimetallism  features  consisted  in  this : 
the  government  undertook  to  coin  into  standard  money  all 


PUBLIC  FINANCE,  MONEY,  AND  BANKING  147 

the  bullion  of  these  two  metals  that  was  presented  at  the 
mint.  In  other  words,  free  coinage  means  unlimited  coin- 
age: bimetallism,  two  standard  metals.  The  ratio  was  later 
changed  to  16  to  1.  The  coinage  of  the  silver  dollar  was 
stopped  in  1873,  the  policy  of  bimetallism  thus  coming  to 
an  end.  Silver  changed  from  a  standard  to  a  subsidiary 
coin.  Three  separate  acts  since  that  time  have  dealt  with 
the  silver  dollar.  It  became  an  issue  in  politics  even.  How- 
ever, in  1900  a  gold  standard  law  was  passed  which  among 
other  things  provides  for  the  free  coinage  of  gold,  and  the 
limited  coinage  of  the  silver,  the  nickel,  and  the  copper 
coins  necessary  as  "  change."  All  these  subsidiary  coins 
are  now  redeemable  in  gold,  and  hence  by  means  of  a  single 
gold  standard  the  country  is  able  to  keep  all  its  coins  circu- 
lating on  a  parity  with  gold.  No  silver  dollars  have  been 
coined  since  1904.  The  place  of  the  dollar  has  been  taken 
by  the  fifty-cent  pieces  and  quarters  and  by  the  paper  cer- 
tificate. These  are  more  convenient. 

Currency. — Currency  means  paper  money.  The  United 
States  has  now  outstanding  four  kinds  of  paper  money. 
Strictly  speaking,  this  is  not  money  at  all,  but  credit,  "a 
promise  to  pay  money."  The  government  stands  ever 
ready  to  make  good  this  promise  by  paying  gold  and  hence 
this  currency  and  these  subsidiary  coins  circulate  freely  as 
money.  Yet,  to  understand  adequately  our  monetary  sys- 
tem, it  must  be  distinctly  borne  in  mind  that  these  are  only 
promises  to  pay  money. 

The  four  kinds  of  currency  are  (1)  Greenbacks,  (2)  Silver 
Certificates,  (3)  Gold  Certificates,  (4)  National  Bank  Notes. 
The  greenback,  legally  called  a  United  States  note,  was 


148  THE  FEDERAL  GOVERNMENT  IN  ACTION 

first  issued  during  the  Civil  War.  Up  to  1879,  when  it  first 
became  redeemable  in  gold,  it  circulated  at  varying  rates 
of  discount  from  one  to  sixty  per  cent.  Now,  of  course,  it 
is  worth  full  face  value,  for  the  reason  above  stated.  Silver 
certificates  circulate  in  place  of  the  heavy  silver  dollars  kept 
on  deposit,  dollar  for  dollar,  at  the  treasury.  Gold  certifi- 
cates j  similarly,  circulate  in  place  of  the  gold  coin  on  de- 
posit, dollar  for  dollar,  at  the  treasury.  The  paper  is  more 
convenient,  and  there  is  no  loss  by  abrasion  of  the  coin 
while  on  deposit.  The  fourth  class  named  above,  national 
bank  notes,  consists  of  paper  money  issued  by  the  national 
banks  of  the  country.  But  since  the  banks  pay  the  govern- 
ment for  these  notes,  and  since  the  government  guarantees 
their  redemption,  keeps  a  fund  ready  to  redeem  them,  and 
does  at  once  redeem  every  note  of  failed  banks,  the  people 
have  rightly  cdme  to  regard  them  as  government  paper 
money. 

A  great  deal  of  the  money  coined  in  the  United- States 
since  1793  has  found  its  way  out  of  the  country.  This  is 
especially  true  of  gold,  as  statistics  prove.  From  1793  to 
1908  our  coinage  was  as  follows: 

Gold     .     .     * $3,020,582,272.00 

Silver 953,616,830.20 

The  interesting  table  below  will  show  the  money  that  was 
in  the  country  in  1908: 

Money  in  the  United  States,  1908 

Gold $1,618,133,492 

Silver 563,277,812 

Nickel  and  Copper 147,355,783 


PUBLIC  FINANCE,  MONEY,  AND  BANKING  149 

Paper : 

Greenbacks 346,681,016 

National  Bank  Notes 698,333,917 

Gold  Certificates,  included  above  under  gold  782,976,619 
Silver   Certificates,   included   above   under 

silver 465,278,705 

The  Act  of  1900,  fixing  the  single  standard  of  value,  de- 
clares, "The  dollar  consisting  of  25.8  grains  of  gold  nine- 
tenths  fine  (23.22  grains  pure  gold)  .  .  .  shall  be  the  stand- 
ard unit  of  value,  and  all  forms  of  money  issued  or  coined 
by  the  United  States  shall  be  maintained  at  a  parity  of  value 
with  this  standard."  A  study  of  the  above  table  will  show 
how  great  the  strain  would  be  should  the  government  ever 
be  called  on  to  redeem  the  various  forms  of  money  in  gold. 

The  National  Banking  System. — The  reader  will  of 
course  remember  that  most  of  the  banking  business  of  the 
country  is  under  State  control.  There  are  under  State  con- 
trol some  18,000  institutions  of  the  following  kinds,  all  doing 
a  banking  business;  State  banks,  private  banks,  savings 
banks,  and  trust  companies.  There  are  some  7,000  national 
banks,  with  a  banking  business  identical  in  many  respects 
with  the  business  of  private  and  State  banks.  But  national 
banks,  possess  this  difference — they  alone  can  issue  bank 
notes. 

Genesis  of  National  Banking  System. — Before  the 
Civil  War  there  were  no  national  banks,  bank  notes  being 
issued  by  the  other  banks-.  But  as  the  war  progressed,  more 
money  was  needed  by  the  government  than  the  taxes  could 
bring  in ;  it  was  even  difficult  to  borrow  money  through  the 
sale  of  bonds.  A  new  market  for  bonds  was  needed.  Then 
it  was  that  the  national  bank  was  invented.  A  law  was 


150  THE  FEDERAL  GOVERNMENT  IN  ACTION 

passed,  killing  off  all  bank  notes  then  in  circulation,  and 
providing  for  a  new  kind  of  bank  note — a  national  bank 
note — based  on  government  bonds  which  the  bank  must 
purchase.  The  result  of  this  law  was  our  present  national 
banking  system,  with  its  bond-secured  currency. 

The  System  To-day. — There  are  many  provisions  in  the 
Federal  law  governing  national  banks,  but  the  following 
four  are  deemed  most  important: 

(1)  Capital. — The  smallest  bank  that  can  be  started  must 
have  a  capital  of  at  least  $25,000. 

(2)  Comptroller  of  the  Currency. — All  national  banks  are 
under  the  Comptroller  of  the  Currency  at  Washington,  to 
whom  they  report  five  times  a  year.    These  reports  are  pub- 
lished in  the  newspapers,  and  also  in  book  form. 

(3)  Note  Circulation. — All  national  banks  must  take  out 
a  certain  amount  of  national  bank  notes,  the  amount  being 
one  fourth  of  their  capital  in  the  case  of  small  banks.    This 
is  the  process :  The  bank  buys  United  States  bonds  (wher- 
ever they  can  be  found  for  sale  cheapest)  and  presents  these 
at  Washington.     Here  the  bonds  are  deposited  with  the 
government,  and  national  bank  notes  issued  to  the  amount 
of  the  par  value  of  the  bonds.    Of  course  the  bank  owns  the 
bonds  thus  deposited,  and  receives  the  interest  on  them. 
The  notes  are  taken  home  and  loaned  out,  also  at  interest. 
While  the  national  bank  is  thus  drawing  interest  twice  on 
its  money,  yet  there  are  these  drawbacks  to  be  considered: 
(a)  The  bonds  probably  cost  a  premium  of  eight  or  ten  per 
cent.,  which  the  bank  loses,     (b)  The  bank  must  keep  on 
deposit  with  the  government  a  cash  "  redemption  fund"  of 
five  per  cent,  of  the  notes  taken  out.     (c)  The  bank  must 


PUBLIC  FINANCE,  MONEY,  AND  BANKING  151 

also  pay  a  small  tax — about  one  half  of  one  per  cent. — on 
its  circulation.  These  drawbacks  overbalance  the  benefit 
of  the  double-interest.  The  notes  are  not  legal  tender,  yet 
they  pass  readily  as  money.  The  bank  must  redeem  them, 
upon  demand.  If  the  bank  fails,  the  note  holder  is  safe,  for 
the  government  then  redeems  the  notes.  National  bank 
notes  are  considered,  therefore,  absolutely  safe. 

(4)  Reserves. — The  depositor  as  well  as  the  note  holder 
must  be  protected.  Hence  the  law  covering  reserves.  Here 
we  find  the  most  remarkable  feature  of  the  system.  Small 
banks  must  keep  a  reserve  of  fifteen  per  cent,  of  their  de- 
posits. The  three  central  reserve  cities  (New  York,  Chi- 
cago, St.  Louis)  must  keep  on  hand  twenty-five  per  cent,  of 
their  deposits.  Other  large  cities,  known  as  reserve  cities, 
must  likewise  keep  twenty-five  per  cent,  of  deposits  on 
hand.  So  far,  this  is  very  simple.  But  a  reserve  in  the 
bank's  vault  is  dead  money,  it  brings  no  income.  We  find 
the  law — note  carefully — makes  these  additional  provisions 
concerning  reserves:  The  small  cities — those  with  the  fifteen 
per  cent,  reserve,  may  keep  six  per  cent,  in  their  vaults  and 
nine  per  cent,  with  banks  in  the  reserve  cities.  And  banks 
in  the  reserve  cities — those  with  the  twenty-five  per  cent, 
reserve — may  keep  twelve  and  a  half  per  cent,  in  their 
vaults  and  twelve  and  a  half  per  cent,  in  the  central  reserve 
cities.  In  the  central  reserve  city  twenty-five  per  cent.,  of 
course,  is  kept  in  the  vaults.  The  question  is,  What  has 
become  of  the  fifteen  per  cent,  reserve  of  the  banks  in  the 
small  city  or  village?  So  many  big  issues  depend  on  this 
question — issues  even  involving  the  money  market  of  Wall 
Street — that  it  will  pay  us  to  face  this  hard  problem  bravely 


152  THE  FEDERAL  GOVERNMENT  IN  ACTION 

and  to  reach,  if  possible,  a  correct  answer.  A  man,  for 
example,  deposits  $6,666.66  in  a  Grand  Forks  bank.  The 
bank  at  once  loans  out  most  of  this  money,  keeping  on 
hand  only  the  legal  reserve,  fifteen  per  cent.,  or  $1,000. 
This  is  to  protect  the  depositor.  Following  now  the  pro- 
visions of  the  law  literally,  as  laid  down  above,  we  find  the 
$1,000  taking  this  course:  (a)  In  the  vault  of  the  Grand 
Forks  bank  $400  as  " reserve";  sent  on  to  a  bank  in  a 
reserve  city,  $600.  (b)  Of  the  $600,  now  a  bank  deposit, 
$450  is  loaned  out  in  the  reserve  city,  say  St.  Paul;  $150  is 
the  " reserve"  of  the  St.  Paul  bank.  Of  this  $150,  half,  or 
$75  is  placed  in  vault  in  St.  Paul  as  "reserve";  $75  is 
sent  on  to  the  central  reserve  city — say  New  York,  (c) 
Here  the  $75  is  now  a  bank  deposit;  $37.25  is  loaned  out  on 
the  money  market;  and  $18.75  is  put  in  the  vault  as  "re- 
serve." 

While  this  looks  tedious  and  involved,  yet  it  is  quite 
simple.  The  reserve  cities  pay  interest  on  bank  deposits, 
hence  "reserves"  will  be  kept  there  as  largely  as  possible, 
for  they  also  count  as  reserves  at  home.  And  when  we  re- 
member that  the  national  banks  alone  have  deposits  of  over 
$4,000,000,000,  and  that  a  part  of  the  deposits  of  almost 
every  bank  find  their  way  to  New  York  city,  through  a 
process  illustrated  above,  we  understand  the  mighty  signifi- 
cance of  Wall  Street  as  a  money  market. 

Weakness  of  National  Banking  System. — The  drain- 
ing of  funds  from  the  country  into  New  York  city  is  not  a 
weakness  peculiar  to  the  national  banking  system  alone, 
since  State  banks  operate  in  substantially  the  same  way^ 
There  are  two  weaknesses  of  the  national  banking  system : 


PUBLIC  FINANCE,  MONEY,  AND  BANKING  153 

(1)  The  notes  are  inelastic.  A  bank  currency  should  be 
both  safe  and  elastic.  National  bank  notes  are  safe  but 
not  elastic.  Their  amount  depends  on  the  price  of  govern- 
ment bonds,  not  on  the  demands  of  business.  (2)  The 
government,  in  standing  behind  the  national  bank  notes,  is 
actually  engaged  in  manufacturing  bank  credit  for  the 
country,  a  very  proper  business  for  the  banks  to  do,  but  not 
a  true  government  function.  The  government  should  fur- 
nish the  country  its  money,  but  not  its  credit.  Let  the  gov- 
ernment coin  money.  Let  the  banks  issue  credit.  Let  us 
have  a  separation,  not  a  mixture  of  these  two  functions. 
Or,  if  the  government  wants  to  go  into  the  banking  business, 
as  is  done  in  Germany,  let  it  assume  full  control  and  full 
responsibility  for  the  bank. 

These  constitute,  in  brief,  the  arguments  we  have  for  and 
against  our  national  banking  system. 

QUESTIONS  ON  THE  TEXT 

1.  State  Adam  Smith's  three  rules  of  taxation. 

2.  What  is  public  finance?    Compare  with  private  finance. 

3.  What  is  the  budget? 

4.  What  is  the  annual  expenditure  of  our  government? 

5.  Name  eight  objects  of  expenditure,  and  amount  for  each. 

6.  What  are  the  sources  of  our  public  revenues? 

7.  Define  indirect  and  direct  taxation.    Illustrate. 

8.  Name  three   kinds  of  tariff.     Illustrate.     Three  branches  of 

internal  revenue. 

9.  Explain  the  corporation  tax.    Is  it  direct  or  indirect? 

10.  State  amount  and  sources  of  Federal  income  for  1908. 

11.  Who  pays  the  Federal  tax? 

12.  Criticize  our  Federal  tax  system.    State  cost  of  collection. 

13.  Compare  our  debt  with  that  of  France  and  England. 

14.  Describe  our  subtreasury  system.    Criticize  it. 


154  THE  FEDERAL  GOVERNMENT  IN  ACTION 

15.  Explain  fully  the  money  and  the  currency  systems.    Eour  kinds 

of  currency. 

16.  Define  credit.    Explain  Act  of  1900. 

17.  Give  statistics  of  our  coinage ;  our  present  money  and  currency. 

Explain. 

18.  Describe  fully  our  national  banking  system;  genesis;  present 

system ;  weaknesses. 

19.  A  "  reserve  "  of  $1,000  means  how  much  cash  reserve,  and  where  ? 

Prepare  a  table  showing  exactly  where  this  $1,000  is. 

QUESTIONS  SUGGESTED  BY  THE  TEXT 

1.  Should  the  United  States  employ  direct  taxation? 

2.  Should  a  Federal  income  tax  be  adopted? 

3.  Debate,  The  protective  tariff  policy   makes   for   the    public 

welfare. 

4.  Could  the  United  States  to-day  redeem  in  gold  coin  all  the 

"  credit  money"  outstanding? 

5.  Should  we  have  more  gold  and  less  credit  money?    How  bring 

this  about? 

6.  Should  banks  or  the  government  furnish  credit  money? 

REFERENCES 

For  statistical  matter,  see  ''Statistical  Abstract  of  the  United 
States"  (Bureau  of  Statistics,  Washington,  D.  C.),  issued  an- 
nually. 

Daniels,  "Elements  of  Public  Finance." 

Plehn,  "  Introduction  to  Public  Finance." 

Adams,  "Science  of  Finance." 

White,  "Money  and  Banking." 

Bryce,  "American  Commonwealth,"  Vol.  I,  Ch.  17. 

Dewey,  "Financial  History  of  the  United  States." 

Noyes,  "Forty  Years  of  American  Finance." 

Ely,  "Outlines  of  Economics." 

Hart,  "Actual  Government,"  Chs.  21,  22. 


CHAPTER  XIII 

THE  NATION  AND  THE  STATES 

"  The  Constitution  in  all  its  provisions  looks  to  an  indestructible 
Union,  composed  of  indestructible  States."  JUSTICE  CHASE,  Supreme 
Court  of  the  United  States  (Texas  vs.  White). 

Guarantee  of  Republican  Government. — The  Constitu- 
tion guarantees  to  every  State  a  republican  form  of  govern- 
ment. This  government  must  be  representative.  It  can- 
not be  a  monarchy,  on  the  one  hand,  nor  on  the  other,  a 
pure  democracy. 

Invasion  or  Domestic  Violence. — The  Constitution  also 
guarantees  against  invasion  and  domestic  violence.  In 
case  of  an  internal  disturbance,  such  as  a  violent  riot,  or  a 
labor  war,  or  other  form  of  domestic  violence,  the  Federal 
government  can  act  only  at  the  invitation  of  the  State.  If 
the  legislature  is  in  session,  it  must  apply  for  Federal  pro- 
tection. The  governor  must  act  when  the  legislature  is  not 
in  session.  The  President  may  then  call  out  the  militia  of 
other  States,  or  may  use  the  army  and  navy  if  he  finds  such 
drastic  measures  necessary. 

Interstate  Comity. — Each  State  is  considered  independ- 
ent of  its  neighbors.  Yet  a  code  of  State  good  manners, 
known  as  interstate  comity,  prevails  among  the  States.  It 
is  the  duty  of  the  States,  says  Hart,  "to  act  towards  their 

sister  States  with  courtesy,  consideration,  and  good  humor." 

155 


156  THE  FEDERAL  GOVERNMENT  IN  ACTION 

The  Constitution  adds  to  this  the  express  requirement  that 
the  "  citizens  of  each  State  shall  be  entitled  to  all  privileges 
and  immunities  of  citizens  in  the  several  States."  Thus  a 
citizen  may  pass  through  another  State,  reside  there,  ac- 
quire property  there,  and  use  the  courts  there.  Corpora- 
tions are  not  citizens.  They  are  artificial  persons,  and  must 
secure  permission  from  the  State  before  entering  and  doing 
business  there.  It  is,  however,  usual  and  customary  for  a 
State  to  allow  corporations  created  in  other  States  to  carry 
on  business  in  that  State. 

Extradition  of  Criminals. — The  governor  of  one  State 
may  send  "  requisition "  papers  to  the  governor  of  another 
State,  asking  for  the  arrest  and  return  of  a  fugitive  criminal. 
There  is  no  way  to  compel  a  governor  to  comply  with  this 
request.  Indeed,  requisitions  are  sometimes  refused  on  one 
pretext  or  another,  especially  if  there  is  personal  animosity 
between  the  governors. 

Full  Faith  and  Credit— " Full  faith  and  credit  shall  be 
given  in  each  State  to  the  public  acts,  records,  and  judicial 
proceedings  of  every  other  State."  An  illustration  of  this 
rule  is  the  case  where  a  divorce,  granted  to  a  Dakota  citizen 
by  a  Dakota  court  on  the  grounds  of  desertion  (both  par- 
ties to  the  divorce  having  come  within  the  jurisdiction  of 
the  State  court),  is  valid  in  New  York  State,  where  the 
divorcee  later  removes  to  live,  although  New  York  State 
does  not  grant  a  divorce  for  desertion. 

The  Public  Domain. — We  have  seen,  in  a  preceding  chap- 
ter, that  all  the  States  in  the  Union,  excepting  nineteen,  were 
organized  Territories  before  they  became  States.  These  or- 
ganized territories  were  carved  out  of  the  Public  Domain. 


THE  NATION  AND  THE  STATES  157 

The  title  to  the  land  of  course  remained  with  the  United 
States  and  did  not  pass  to  the  Territories  organized  upon  it. 
And  this  vast  area  of  land — some  2,825,000  square  miles,  or 
1,800,000,000  acres — has  been  in  large  part  disposed  of  by 
the  Federal  government,  and  in  these  two  ways:  Gift; 
Sales.  There  yet  remains  in  the  western  mountainous 
part  of  the  United  States  about  500,000,000  acres  of  public 
lands,  or  an  area  about  eleven  times  the  size  of  North  Da- 
kota. Much  criticism,  has  been  made  of  the  public  land 
policy  of  the  United  States:  ignorance  rather  than  corrup- 
tion has  been  the  prevailing  weakness  in  disposing  of  the 
public  domain. 

Disposal  of  Public  Lands  by  Gifts.— (1)  Immediately 
after  the  Revolutionary  War  the  United  States  began 
the  practice  of  giving  away  the  lands  to  private  individ- 
uals. The  soldiers  of  the  Revolution  received  liberal  grants. 
Also  after  the  Mexican  War  the  troops  received  millions 
of  acres. 

(2)  Grants  of  approximately  100,000,000  acres  have  been 
made  to  the  States  direct,  primarily  for  the  purpose  of 
common  schools.  Beginning  with  Ohio  in  1802,  the  grant 
was  one  section  in  each  township  (i.  e.,  one  thirty-sixth  of 
the  public  domain);  and  in  1853  ^he  grant  was  doubled 
(sections  16  and  36  in  each  township)  for  common  schools. 
Thus  the  States  coming  into  the  Union  in  later  years  have 
fared  much  better  than  their  older  sisters.  The  Federal 
government  has  not  stopped  with  gifts  for  common  schools. 
Beginning  with  1862,  grants  have  been  made  for  the  sup- 
port of  agricultural  colleges  in  every  State.  States  contain- 
ing no  public  lands  were  permitted  to  select  their  share  in 


158  THE  FEDERAL  GOVERNMENT  IN  ACTION 

the  States  and  Territories  farther  west.  The  size  of  this 
grant  depended  upon  the  number  of  congressmen  from  a 
State,  the  grant  being  30,000  acres  for  each  member,  i.  e.,  a 
minimum  of  90,000  acres  for  the  State.  Other  gifts  to  the 
States  in  more  recent  years  are  for  State  capitols,  State 
universities,  and  other  State  institutions. 

(3)  But  the  most  generous  gifts  of  all  have  been  to  aid 
" internal  improvements.'7  Canals  first  came  in  for  this 
form  of  aid,  but  failed  to  prosper  under  the  stimulus.  Sub- 
sidies (as  the  land  grants  are  commonly  called)  have  been 
extended  to  railroads  more  than  to  canals  and  education 
combined.  To  take  a  concrete  case:  The  Northern  Pacific 
railroad  received  a  grant  along  its  right  of  way,  every  alter- 
nate section  of  land  in  a  strip  forty  miles  wide  across 
Minnesota  and  eighty  miles  wide  across  North  Dakota, 
Montana,  the  northern  end  of  Idaho,  and  Washington. 
Half  the  area  of  similar  strips  of  land,  forty  miles  wide,  was 
given  to  the  Union  Pacific,  Central  Pacific,  Atlantic  and 
Pacific,  Southern  Pacific,  and  other  roads.  In  this  way, 
according  to  the  estimates  of  the  General  Land  Office,  total 
grants  of  156,893,468  acres  have  been  made  to  aid  in 
railroad  construction.  Some  of  this  land  is,  of  course, 
waste  land,  and  has  never  been  accepted  by  the  roads. 
The  actual  amount  of  land  patented  by  the  railroads  is, 
approximately,  115,000,000  acres,  an  amount  equal  to  the 
combined  areas  of  Maine,  New  Hampshire,  Vermont,  Massa- 
chusetts, Rhode  Island,  Connecticut,  New  York,  New  Jer- 
sey, Pennsylvania,  Delaware,  and  Maryland.  The  advan- 
tages and  disadvantages  of  this  immense  subsidy  have 
been  the  subjects  of  many  a  debate. 


THE  NATION  AND  THE  STATES  159 

Disposal  of  Public  Lands  by  Sale. — The  bulk  of  the  pub- 
lic domain  has  now  passed  into  the  hands  of  the  actual  set- 
tler. Millions  of  homes  have  been  erected  upon  it.  Various 
schemes  have  been  tried  for  getting  the  lands  into  the 
possession  of  actual  farmers.  Experience  has  taught  that 
there  are  two  good  ways  of  doing  this.  The  two  ways  of 
"taking  a  claim"  now  in  common  use  are  these — (1)  Pre- 
emption and  (2)  Homestead. 

(1)  A  citizen  of  the  United  States,  twenty-one  years  old, 
or  the  head  of  a  family  if  under  twenty-one,  may  make  the 
proper  entry  upon  a  quarter  section  (160  acres),  and  after 
living  upon  it  for  fourteen  months  continuously  may  "  prove 
up  "  and  receive  a  deed  by  paying  a  small  price  for  the  land. 
The  price  is  $1.25  per  acre;  or  if  the  land  be  within  the  strip 
of  the  railroad  grant,  $2.50  per  acre. 

(2)  The  second  method  of  " taking  a  claim"  is  the  home- 
stead method.    This  is,  strictly  speaking,  not  a  sale  by  the 
government  at  all  but  an  outright  gift  of  land  to  the  settler. 
However,  in  certain  classes  of  homestead  lands,  known  as 
"  double-minimum,"  there  is  a  price,  varying  from  50  cents 
to  $2.50  per  acre.    Any  citizen  of  the  United  States  who  is 
the  head  of  a  family,  or  who  has  reached  his  twenty-first 
year,  and  who  does  not  own  over  160  acres  of  land,  is  en- 
titled to  enter  a  quarter  section.    He  can  secure  the  title 
thereto   by    establishing   and   maintaining   his    residence 
thereon  and  cultivating  the   land    for  a  period   of  five 
years. 

In  the  case  of  timber  and  stone  lands,  coal  lands,  silver 
and  gold  lands,  etc.,  special  rules  govern,  for  claims  cannot 
be  taken  here  in  the  usual  manner.  The  land  laws  have 


160  THE  FEDERAL  GOVERNMENT  IN  ACTION 

provided  a  scale  of  prices  appropriate  to  each  class.  Men- 
tion was  made  in  a  preceding  chapter  of  our  national  forests, 
which  have  been  wisely  set  aside  by  the  President  out 
of  the  public  domain.  In  this  way  several  millions  of 
acres  have  been  reserved  for  the  good  of  the  general 
public. 

We  have  spoken  above  of  the  quarter  section  or  160-acre 
tract  of  land.  Who  marked  off  these  squares  on  the  vast 
checkerboard  of  the  public  domain?  This  leads  us  to  an 
examination  of  the  government  survey. 

Survey  of  Public  Lands ;  the  Congressional  Township.— 
A  land  survey  in  the  original  thirteen  States  is  an  interest- 
ing thing.  The  boundary  of  a  farm  is  literally  described  by 
landmarks — trees,  hills,  bowlders,  posts,  etc.  Congress, 
however,  under  Jefferson's  influence,  in  1785  adopted  the 
"useful  and  intelligent"  method  of  rectangular  surveys  for 
the  unoccupied  public  lands.  The  principle  is  very  simple. 
It  is  this:  lay  out  lines  east  and  west  a  mile  apart,  and  cross 
these  by  north  and  south  lines  a  mile  apart.  The  square 
mile  contains  one  section,  i.  e.,  640  acres.  The  square  six 
miles  on  a  side  is  a  congressional  township,  and  contains 
thirty-six  sections.  Beginning  with  a  standard  parallel  as 
a  base  line,  the  townships  are  numbered  north  and  south 
from  this  line.  A  township  900  miles  north  of  this  base  line 
would  thus  be  numbered  township  150  north.  A  principal 
meridian  is  taken  also,  and  from  this  line  rows  of  town- 
ships, or  ranges  as  they  are  always  called,  are  numbered 
east  and  west.  In  a  particular  township  the  sections  are 
numbered  in  the  manner  shown  in  the  diagram  on  the 
next  page. 


THE  NATION  AND  THE  STATES 


101 


6 

5 

4 

3 

2 

1 

7 

8 

9 

10 

11 

12 

18 

17 

16 

15 

14 

13 

19 

20 

21 

22 

23 

24 

30 

29 

28 

27 

26 

25 

31 

32 

33 

34 

35 

36 

The  government  grants  its  deeds  by  using  a  very  simple 
description  therein  like  the  following:  " southeast  quarter, 
section  24,  township  150  north,  range  10  west  of  the  first 
principal  meridian."  This  method  of  describing  land  is  fol- 
lowed now  in  the  county  records.  The  government  has 
spent  about  $200,000,000  in  surveying  and  caring  for  these 
public  lands.  The  total  income  to  the  government  thus 
far  for  the  lands  disposed  of  is  only  about  $350,000,000 — a 
small  sum  indeed.  Has  the  government  been  a  successful 
landlord? 

Division  of  Powers:  National  Sovereignty  and  State 
Sovereignty.  —  Since  we  have  an  indestructible  Union  of 
indestructible  States,  there  must  be  a  division  of  powers 
between  the  Nation,  on  the  one  hand,  and  the  States,  on 
the  other.  Each  is  sovereign  in  its  own  field.  Such  a 
division  was  established  by  the  Federal  Constitution.  This 

Constitution  is  a  grant  of  powers  and  may  be  changed.     It 
Govt.  No.  Dak. — 11 


102     THE  FEDERAL  GOVERNMENT  IN  ACTION 

has  been  changed,  that  is,  amended,  fifteen  times.  Let  us 
examine  the  present  division  of  powers. 

First,  as  to  the  division  of  powers  in  the  Constitution 
itself.  The  States  originally  retained  the  governmental 
powers  that  were  not  granted  to  the  Federal  government  by 
the  Constitution.  Thus  the  States  have  control  over  edu- 
cation, over  the  civil  and  religious  rights  of  the  citizens, 
over  the  rules  of  marriage  and  divorce,  over  property,  over 
contracts,  over  most  crimes,  over  corporations  and  busi- 
ness, over  social  relationships,  and  over  local  government. 
Within  this  large  sphere  the  State  is  sovereign.  It  is  there- 
fore evident  that  while  the  State  does  not  have  control 
over  "  every  thing,"  it  does  have  control  over  almost  all  the 
common  daily  activities  of  the  people.  To  the  Federal 
government  there  is  granted  exclusive  control  over  the 
tariff  on  imports,  over  foreign  and  interstate  commerce, 
over  naturalization,  over  coinage  of  money,  over  post 
offices,  over  patents  and  copyrights,  over  the  army  and 
navy,  over  war  and  peace  and  treaties.  The  Constitution 
contains  certain  prohibitions  on  both  the  Federal  and  the 
State  governments.  The  States  are  forbidden  to  pass  any 
laws  impairing  the  obligation  of  contracts.  The  Federal 
government  is  forbidden  to  grant  any  title  of  nobility,  to 
levy  a  duty  on  exports,  or  to  levy  a  direct  tax  unless  the 
same  is  apportioned  among  the  States  according  to  popula- 
tion. 

Second,  as  to  the  division  of  power  in  the  amendments 
to  the  Constitution.  Ten  of  these  fifteen  amendments 
were  passed  at  the  very  outset.  Indeed,  the  Constitution 
would  never  have  been  ratified  had  not  these  amendments 


THE  NATION  AND  THE  STATES  163 

been  promised  in  advance.  The  first  ten  amendments  went 
into  effect  in  1791.  They  impose  certain  limitations  on 
the  Federal  power.  They  are  in  the  nature  of  a  Bill  of 
Rights,  and  since  most  of  the  State  constitutions  then  in 
effect  already  contained  these  provisions,  these  limitations 
were  made  to  apply  only  to  the  Federal  government.  The 
most  important  of  these  provisions  relate  to  the  following 
subjects:  freedom  of  religion;  right  to  bear  arms;  quarter- 
ing of  soldiers  in  time  of  peace;  protection  against  searches 
and  seizures,  except  upon  a  proper  warrant;  procedure  in 
criminal  cases;  the  right  of  trial  by  jury  in  civil  cases;  and 
protection  against  being  "deprived  of  life,  liberty,  or  prop- 
erty, without  due  process  of  law."  The  reader  will  note 
that  these  provisions  limit  the  power  of  Congress  to  do 
certain  things,  but  do  not  limit  the  power  of  the  States. 
Thus  the  right  of  the  people  to  keep  and  bear  arms  shall 
not  be  infringed  by  Congress,  but  the  States  may  limit  or 
deny  this  right  if  they  choose,  and  if  their  own  constitu- 
tions permit.  Likewise,  Congress  can  make  no  law  re- 
specting an  establishment  of  religion,  or  abridging  the  free- 
dom of  speech,  but  a  State  can  establish  a  State  church,  or 
take  away  freedom  of  speech,  if  its  own  constitution  permits 
such  a  course.  But  it  is  hardly  necessary  to  add  that  all 
State  constitutions  now  contain  these  two  limitations. 

The  first  ten  amendments  limited  and  narrowed  the 
powers  of  the  Federal  government.  Likewise  the  Eleventh 
Amendment,  which  took  away  the  jurisdiction  of  the  Federal 
courts  over  suits  against  States  commenced  by  individuals 
living  in  other  States  (page  134) . 

The  Civil  War  brought  a  change,  amounting  to  a  politi- 


164     THE  FEDERAL  GOVERNMENT  IN  ACTION 

cal  revolution,  in  our  Federal  system.  The  fundamental 
issue  at  stake  was  State  sovereignty  against  National  sover- 
eignty. Nullification,  the  power  of  a  State  to  nullify  a  law 
of  Congress,  and  Secession,  the  right  of  a  State  to  withdraw 
from  the  Union,  were  the  two  persistent  and  deep-rooted 
doctrines  which  received  their  eternal  quietus  in  this  fearful 
struggle.  A  reaction  at  once  set  in.  Not  only  was  the 
old  doctrine  of  State  sovereignty  dead,  but  a  new  idea  of 
National  sovereignty  was  born.  More  power  was  given 
to  the  Nation;  less  power  remained  with  the  States.  Abra- 
ham Lincoln,  in  his  Gettysburg  address  in  1863  applied 
the  word  "nation"  to  our  Federal  Union.  It  was  the  first 
important  public  occasion  upon  which  the  word  had  ever 
been  so  used  in  this  country.  From  that  moment  on  it  was 
incorrect  to  say  "The  United  States  are  a  great  country." 
The  correct  phrase  became,  "The  United  States  is  a  great 
nation." 

Following  the  Civil  War  came  three  amendments  to  the 
Constitution,  the  Thirteenth,  Fourteenth,  and  Fifteenth. 
Each  subtracted  from  the  power  of  the  States  and  added  to 
the  power  of  the  Federal  government.  The  Thirteenth 
abolished  slavery — a  form  of  property  over  which  the  States 
had  been  exercising  exclusive  jurisdiction.  This  amend- 
ment left  the  negro  a  free  man.  The  Fourteenth  Amend- 
ment made  the  negro  a  citizen,  and  aimed  to  stimulate  the 
States  to  make  him  a  voter — for  even  most  of  the  northern 
States  did  not  allow  the  negro  to  vote.  But  the  States 
were  not  effectively  stimulated  by  this  amendment.  The 
Fifteenth  Amendment  was  accordingly  passed,  interfering 
directly  with  the  States'  control  of  the  ballot.  This  amend- 


THE  NATION  AND  THE  STATES  165 

ment  did  not  confer  upon  the  negro  the  right  to  vote — at 
least  not  directly  and  positively.  Indirectly  it  had  that 
effect,  in  large  measure,  by  forbidding  any  State  to  deny 
to  any  one  the  right  to  vote  on  "  account  of  race,  color,  or 
previous  condition  of  servitude."  From  the  constitutional 
standpoint,  the  Fourteenth  Amendment  was  the  most  im- 
portant one  of  the  three,  as  we  see  by  its  later  application. 
It  made  the  negro  a  citizen,  but  did  not  stop  there.  It 
may  be  called  the  great  centralizing  amendment,  since  it 
centralizes  so  much  power  in  the  hands  of  the  Federal 
government.  Aiming  primarily  to  protect  the  negro  citi- 
zen, its  ultimate  result  has  been  to  place  all  personal  and 
property  rights  largely  within  the  protection  of  the  Federal 
government.  Indeed,  some  critics  go  so  far  as  to  claim 
that  our  business  corporations  to-day  are  the  real  bene- 
ficiaries of  this  amendment. 

Protection  to  Person  and  Property. — The  student  will 
recall,  at  this  point,  that  the  protection  of  personal  and 
property  rights  was  originally  left  chiefly  to  the  State  gov- 
ernments. 

The  Fourteenth  Amendment,  in  addition  to  making  the 
negro  a  citizen,  safeguarded  his  civil  rights  (or  at  least 
aimed  to  safeguard  them)  in  these  words:  "No  State  shall 
make  or  enforce  any  law  which  shall  abridge  the  privileges 
or  immunities  of  citizens  of  the  United  States,  nor  shall 
any  State  deprive  any  person  of  life,  liberty,  or  property, 
without  due  process  of  law;  nor  deny  to  any  person  within 
its  jurisdiction  the  equal  protection  of  the  laws."  The 
good  intentions  of  this  amendment,  namely,  to  benefit 
the  negro,  have  not  been  carried  out.  The  real  effect  of 


166  THE  FEDERAL  GOVERNMENT  IN  ACTION 

the  amendment  is  to  delegate,  constitutionally,  large  pow- 
ers and  privileges  to  private  property  in  general  and  to 
corporate  property  in  particular. 

A  railroad  company,  for  instance,  objected  to  paying  a 
certain  State  tax  in  California  on  the  grounds  that  indi- 
viduals were  taxed  at  a  different  rate,  and  since  a  corpora- 
tion was  a  person  and  entitled  to  equal  treatment,  this 
constituted  a  violation  of  the  Fourteenth  Amendment. 
The  Federal  courts  upheld  this  view.  A  corporation,  there- 
fore, under  our  Constitution  and  its  interpretation  by  the 
courts,  is  a  person,  and  is  entitled  to  the  same  immunities 
as  any  other  person;  and  since  the  charter  creating  it  is  a 
contract,  which  the  State  cannot  impair,  its  constitutional 
position  as  a  property  holder  is  a  peculiarly  secure  one. 
Advantage  is  taken  of  this  situation  by  railroads,  street 
car  companies,  gas  companies,  and  other  corporations  hold- 
ing public  franchises.1 

Since  almost  any  suit  which  may  arise  in  any  State  is 
likely  to  involve  the  "privileges  or  immunities"  of  citizens, 
or  the  "life,  liberty,  or  property"  of  some  one,  ,or  the  denial 
to  some  person  of  the  "equal  protection  of  the  laws,"  it 
follows  that  almost  any  suit  falls  under  the  Fourteenth 
Amendment  and  hence  may  go  into  the  Federal  courts. 
And  further,  since  any  State  law  regulating  property— 
especially  industrial  and  franchise  corporations — is  likely 
to  violate  one  of  the  above  provisions,  it  follows  that  such 
legislation  would  be  null  and  void.  Thus,  paradoxically 

1  A  statement  issued  in  March,  1910,  by  the  Atlantic  City  (N.  J.)  Gas 
Company,  contains  these  three  significant  claims:  1.  We  have  a  perpetual 
franchise.  2.  We  have  no  competition.  3.  We  have  raised  the  price  of 
gas  considerably. 


THE  NATION  AND  THE  STATES  167 

enough,  the  State  can  create  a  corporation  and  give  it  a 
certain  franchise,  and  then,  thanks  to  the  Fourteenth 
Amendment,  the  State  is  powerless  to  regulate  or  control 
the  thing  it  has  created! 

For  this  reason,  States  usually  insert  in  a  new  corporation 
charter  a  clause  limiting  the  life  of  the  grant,  or  reserving 
the  right  to  alter  it.  But  some  legislatures  have  granted 
many  perpetual,  unlimited  franchises,  in  this  way  tying  the 
hands  of  future  legislatures  for  all  time  to  come.  The  one 
way  out  of  such  a  difficulty,  always  open,  is  for  the  State 
to  buy  back  the  franchise  at  its  market  value.  This  has 
often  been  done,  the  State  never  failing  to  pay  dearly  for 
the  franchise  which  it  had  given  away  for  nothing.  There 
is  no  other  way  out  under  the  present  law.  And  the  law 
cannot  be  changed  by  the  State  legislature  or  by  the  execu- 
tive, or  by  the  people  of  the  State  voting  at  the  polls,  or 
by  all  three  put  together,  or  by  Congress  itself.  It  can 
be  changed  only  (1)  by  the  Supreme  Court  reversing  itself 
and  overruling  its  old  decisions,  or  (2)  by  the  slow,  cumber- 
some process  of  amending  the  Constitution  itself.  The 
Supreme  Court  now  says  a  corporation  is  a  person,  and  a 
franchise  is  a  contract,  in  other  words,  is  property.  And 
the  Constitution  itself  makes  the  position  of  such  a  person 
and  such  property  impregnable.  The  States  are  helpless — 
unless  it  be  a  question  of  their  police  power. 

The  Police  Power. — The  " supreme  law  of  the  land," 
according  to  the  Federal  Constitution,  is  the  Federal  Consti- 
tution itself  and  the  Federal  laws  and  treaties  made  under 
it.  Yet  above  this  "supreme  law"  is  a  higher  law  which 
we  may  call  the  Police  Power,  the  greatest  power  reserved 


168          THE  FEDERAL  GOVERNMENT  IN  ACTION 

to  the  States.  It  is  the  law  of  self-preservation,  the  highest 
of  all  laws,  not  only,  among  men  but  among  States.  The 
police  power  we  may  define  as  the  power  of  a  State  to 
protect  its  health,  morals,  and  safety.  In  protecting  these 
things  the  authority  of  the  State  is  "  complete,  unqualified, 
and  exclusive."  The  State  may  regulate  or  prohibit  child 
labor,  establish  quarantine,  exclude  pestilence,  either  to 
the  body  or  mind,  shut  out  infectious  diseases,  obscene 
paintings,  lottery  tickets,  convicts  and  other  criminals,  as 
well  as  vagabonds  and  paupers.  The  State  can  do  all  these 
things  and  any  other  thing  which  it  can  clearly  show  to  be 
necessary  and  proper  to  protect  its  own  health,  morals, 
and  safety.  But  the  State  cannot  enact  and  enforce  a 
law  in  violation  of  the  Fourteenth  Amendment  (or  other 
provisions  of  the  Federal  Constitution)  unless  the  law  be 
clearly  within  the  police  power.  If  the  Federal  Supreme 
Court  holds  the  State  law  to  be  within  its  police  power,  the 
law  stands  regardless  of  the  Federal  Constitution.  But  if 
the  law  is  not  necessary  to  protect  the  health,  morals,  and 
safety  of  the  State,  in  other  words,  is  not  within  the  police 
power,  it  will  be  overruled  as  soon  as  found  to  be  in  conflict 
with  the  Federal  Constitution. 

The  people  of  the  State  exercise  the  police  power  through 
the  State  legislature. 

QUESTIONS  ON  THE  TEXT 

1.  What  protection  does  the  Constitution  guarantee  to  the  govern- 

ment of  a  State? 

2.  When  may  the  President  send  troops  into  a  State? 

3.  What  is  interstate  comity?    Illustrate. 

4.  Are  governors  obliged  to  extradite  criminals? 


THE  NATION  AND  THE  STATES  169 

5.  To  what  must  the  various  States  give  "full  faith  and  credit"? 

What  does  this  mean?    Examples. 

6.  The  public  domain:  area?  ownership?    How  does  the  govern- 

ment dispose  of  it? 

7.  Describe  the  first  land  grant  of  the  government. 

8.  Give  an  account  of  land  grants  to  States — amount,  purpose,  etc. 

9.  How  much  has  been  given  to  railroads?    Examples. 

10.  For  what  other  purposes  has  the  government  given  away  lands? 

11.  Describe  two  ways  of  "taking  a  claim." 

12.  What  lands  cannot  be  taken  in- ordinary  claims? 

13.  Explain  the  survey  system  of  our  public  lands.    Who  paid  for 

this? 

14.  What  is  the  supreme  law  of  the  land? 

15.  What  is  meant  by  division  of  powers?     What  are  the  two. 

main  divisions?     Is  this  division  fixed? 

16.  Over  what  things  are  the  States  sovereign? 

17.  Over  what  things  has  the  Federal  government  exclusive  con- 

trol? 

18.  State  the  prohibitions  on  the  States  and  on  the  Federal  gov- 

ernment? 

19.  What  changes  in  the  division  of  power  have  the  amendments 

made? 

20.  Show  the  nature  and  purpose  of  first  ten  amendments.     The 

eleventh. 

21.  Do  they  apply  to  the  States? 

22.  What  constitutional  changes  did  the  Civil  War  make? 

23.  When  was  the  word  "Nation"  first  correctly  applied  to  our 

country? 

24.  State  in  brief  the  aim  of  the  last  three  amendments. 

25.  From  the  constitutional  standpoint,  which  is  the  most  im- 

portant amendment?     Why? 

26.  Where  was  protection  to  person  and  property  originally  placed? 

27.  What    two    things    have    generally    changed    this    situation? 

Explain  and  criticize. 

28.  Why  has  corporate  property  been  the  beneficiary  of  the  Four- 

teenth Amendment? 

29.  What  is  the  police  power?     Where  does  it  reside? 
30    Illustrate  its  workings:  its  limitations. 


170     THE  FEDERAL  GOVERNMENT  IN  ACTION 


QUESTIONS  SUGGESTED  BY  THE  TEXT 

1.  Give  a  history  of  the  Federal  land  grant  to  the  Pacific  Rail- 

roads.   To  the  Atchison,  Topeka,  and  Santa  Fe. 

2.  Locate,  by  quarters,  section,  township,  and  range,  your  school- 

house;  your  home. 

3.  Prepare  a  chart  showing  (1)  powers  granted  to  Federal  govern- 

ment; (2)  powers  prohibited  to  Federal  government;  (3) 
powers  prohibited  to  the  States;  and  (4)  powers  reserved  to 
the  States. 

4.  Debate:  Has  the  Fifteenth  Amendment  been  justified? 

5.  Prepare  a  list  of  railroad  and  other  public  service  corporations 

exercising  very  liberal  franchises  under  the  protection  of 
the  Dartmouth  College  decision  and  the  Fourteenth  Amend- 
ment. 

6.  Does  the  police  power  reserve  to  the  State  as  much  power  as 

is  taken  away  from  the  State  by  the  Dartmouth  College 
case  and  the  Fourteenth  Amendment? 

7.  Is  our  government  being  too  much  centralized?     Too  much 

decentralized? 

REFERENCES 

Donaldson,  "Public  Domain." 

Hart,  "Actual  Government,"  Ch.  18. 

McClain,  "Constitutional  Law,"  Chs.  3,  4,  9,  30,  33. 

Cooley,  "Principles  of  Constitutional  Law,"  Chs.  3,  4,  7. 

Bryce,  "American  Commonwealth,"  Vol.  I,  Chs.  2,  3,  4,  26-35. 

ON  THE  FOURTEENTH  AND  FIFTEENTH  AMENDMENTS 

Burgess,  "Reconstruction." 

McPherson,  "History  of  the  Reconstruction." 

Boyle,  "Has  the  Fifteenth  Amendment  been  Justified?"  Arena, 
Vol.  31,  p.  481. 

Hadley,  "The  Constitutional  Position  of  Property  in  America," 
Independent,  April  16,  1908.  (Reprinted  as  Circular  No.  1, 
published  by  Committee  to  Inquire  into  the  Status  of  De- 
mocracy.) 


PART  V 

THE  STATE  CONSTITUTION  OR  FRAMEWORK  OF 
GOVERNMENT 

CHAPTER  XIV 

ANALYSIS  OF  THE  CONSTITUTION  OF  NORTH  DAKOTA 

"  The  State  of  North  Dakota  is  an  inseparable  part  of  the  American 
union  and  the  Constitution  of  the  United  States  is  the  supreme  law  of 
the  land. 

"All  political  power  is  inherent  in  the  people.  Government  is 
instituted  for  the  protection,  security  and  benefit  of  the  people,  and 
they  have  a  right  to  alter  or  reform  the  same  whenever  the  public 
good  may  require."  State  Constitution. 

We  are  now  to  study  the  constitution,  or  framework,  of 
our  State  government  (Appendix  D,  pages  xxxv-lxxviii), 
and  to  compare  it  with  the  Federal  Constitution  (Appen- 
dix B,  pages  ix-xxiii).  By  comparing  the  two  constitu- 
tions carefully,  section  by  section,  we  discern  their  funda- 
mental similarities  as  well  as  their  fundamental  differences. 
Let  us  begin  our  study  by  looking  at  each  constitution  as 
made  up  of  four  parts,  and  of  four  parts  only. 

LESSON  1 

The  Constitution :  Four  Parts. — Copy  and  learn  the  out- 
line on  the  following  page,  and  answer  the  questions  that 

follow  it. 

171 


172  THE  STATE  CONSTITUTION 

Part  I.  Preamble 
UNITED  STATES  NORTH  DAKOTA 

We,  the  people  of  the  United        We,  the  people  of  North  Da- 
States,  in  order  to  form  a  more     kota,  grateful  to  Almighty  God 
perfect  Union,  establish  justice,     for   the   blessings   of   civil   and 
insure  domestic  tranquility,  pro-    religious  liberty,  do  ordain  and 
vide  for  the   common   defense,     establish  this  constitution, 
promote  the  general  welfare,  and 
secure  the  blessings  of  liberty  to 
ourselves  and  our  posterity,  do 
ordain  and  establish  this  Consti- 
tution for  the  United  States  of 
America. 

Part  II.  Bill  of  Rights 
Amendments  I-X.  Article  I. 

Part  III.  Constitution  Proper  or  Frame  of  Government 
Articles  I-VII.  Articles  II-XX. 

Part  IV.  Amendments 
Amendments  I-XV.  Amendments  I-X. 

QUESTIONS 

1.  How  many  parts  are  there  in  the  United  States  Constitution? 

2.  Does  our  State  Constitution  have  the  same  parts? 

3.  Name  these  parts. 

4.  Which  has  the  longer  constitution,  the  State  or  the  United 

States?     *  Why  is  this? a 

5.  Where  is  the  Bill  of  Rights  found  in  the  Federal  Constitution? 

In  the  State  Constitution? 

6.  *  What  is  a  "Bill  of  Rights"? 

1  Questions  starred  are  optional  only.  They  are  not  answered  in  the 
Constitution,  but  can  be  answered  by  reference  to  some  good  work  on  the 
Constitution. 


ANALYSIS 


173 


7.  How  many  amendments  are  there  to  the  State  Constitution? 

To  the  Federal  Constitution? 

8.  *  How  many  amendments  in  all  have  been  proposed  to  the 

United  States  Constitution?    To  the  State  Constitution? 

9.  Quote  both  preambles. 

10.  How  many  articles  in  the  constitution  proper  of  North  Dakota? 
Of  the  United  States? 


LESSON  2 

Bill  of  Rights. — Read  Amendments  I-X  of  the  United 
States  Constitution.  Write  the  numbers  of  these  amend- 
ments as  below.  Read  Article  I  of  the  £{orth  Dakota  Con- 
stitution, and  write,  opposite  the  number  of  each  Federal 
amendment,  the  numbers  of  the  corresponding  sections  in 
Article  I  of  the  State  Constitution;  e.  g.,  opposite  Amend- 
ment I  write  Sections  4,  9,  10. 

Part  II.  Bill  of  Rights 
UNITED  STATES  NORTH  DAKOTA 


Amendment  I. 

Amendment  II. 

Amendment  III. 

Amendment  IV. 

Amendment  V. 

Amendment  VI. 

Amendment  VII. 

Amendment  VIII. 

Amendment  IX. 

Amendment  X. 


Sections  4,  9,  10. 


Sec.  ? 
Sec.  ? 
Sections? 
Sec.  ? 


Sec.  ? 


QUESTIONS 

1.  What  rights  are  mentioned  in  both  constitutions: 

2.  *  Are  any  of  these  same  rights  enumerated  in  Magna  Charta 

of  1215?    Which  ones?    In  the  Declaration  of  Independence? 


174  THE  STATE  CONSTITUTION 

3.  Name  some  rights  in  the  North  Dakota  Constitution  not  found 

in  the  Federal  Bill  of  Rights. 

4.  Can  these  rights  be  taken  away  by  the  State  legislature? 

5.  May  an  individual  sue  the  State  of  North  Dakota?     (See 

Sec.  22.) 

LESSON  3 

Constitution  Proper. — Copy  in  parallel  columns  the  titles 
of  Articles  I- VII  in  the  United  States  Constitution,  and  of 
Articles  II-XX  in  the  State  Constitution,  beginning  as  fol- 
lows: 

Part  III.    Constitution  Proper  or  Frame  of  Government 
UNITED  STATES  NORTH  DAKOTA 

I.  Legislative  Department.        II.  Legislative  Department. 
II.  Executive  Department.       III. 
etc.,  to  VII.  etc.,  to  XX. 

QUESTIONS 

1.  What  is  the  subject  of  Article  I  of  the  Federal  Constitution? 

2.  What  article  in  the  State  Constitution  corresponds  to  this? 

3.  What  is  the  subject  of  Article  II  of  the  Federal  Constitution? 

4.  What  article  in  the  State  Constitution  corresponds  to  this? 

5.  What  is  the  subject  of  Article  III  of  the  Federal  Constitution? 

6.  What  article  of  the  State  Constitution  corresponds  to  this? 

7.  What  is  the  subject  of  Article  IV  of  the  Federal  Constitution? 

8.  Is  there  any  article  in  the  State  Constitution   corresponding 

to  this?     Why? 

9.  What  is  the  subject  of  Article  V  of  the  Federal  Constitution? 

Article  VI? 

10.  Are  there  corresponding  articles  in  the  State  Constitution? 

11.  What  is  the  subject  of  Article  VII  of  the  Federal  Constitution? 

Is  there  any  corresponding  article  in  the  State  Constitution? 

12.  *  How  many  people  are  living  under  the  United  States  Con- 

stitution to-day?     The  North  Dakota  Constitution? 


ANALYSIS  175 

13.  What  subjects  in  the  North  Dakota  Constitution  are  not  found 
in  the  United  States  Constitution?     *  How  account  for  this? 

LESSON  4 

Legislative  Branch. — Read  Article  II,  Sections  25-70,  of 
the  North  Dakota  Constitution.  Copy  and  fill  out  the  out- 
line below,  and  answer  the  following  questions. 

1.  North  Dakota  Senate: 

I.  How  composed? 
II.  Term? 

III.  Eligibility? 

IV.  How  chosen? 
V.  Senate  powers? 

VI.  Impeachment?     (Art.  XIV.) 

2.  North  Dakota  House  of  Representatives: 

I.  How  composed? 
II.  Term? 

III.  Eligibility? 

IV.  How  chosen? 
V.  House  powers? 

VI.  Impeachment?     (Art.  XIV.) 

3.  Provisions  common  to  both  Houses  of  the  Legislative  Assembly  of 

North  Dakota: 
I.  Ineligibility? 
II.  Bribery? 

III.  Term  begins  when? 

IV.  How  fill  vacancies? 
V.  Salary? 

VI.  Quorum? 

VII.  Disputed  election  returns? 
VIII.  Open  and  secret  sessions? 

(Time? 
IX.  Adjournment    |  piace? 

<       .       (Date? 
X.  Session  |Length? 

XI.  Enacting  clause? 


176  THE  STATE  CONSTITUTION 


QUESTIONS 

1.  Where  is  the  legislative  power  of  North  Dakota  vested?    (Where 

is  the  legislative  power  of  the  United  States  government 
vested?) 

2.  What  does  it  mean  to  "redistrict"  the  State?    Who  has  this 

power?     *  When  was  it  done  last? 

3.  *  In  what  district  do  you  live?    Draw  a  map  of  it,  and  give 

names  of  its  representatives  in  the  last  legislative  assembly. 
(See  "North  Dakota  Blue  Book.") 

4.  Name    five    prohibitions   on  the    legislative  assembly  in  the 

North  Dakota  Constitution. 

5.  May  the  North  Dakota  legislature  grant  special  charters  to 

cities?     What  are  the  reasons  for  your  answer? 

6.  *  Which  has  more  powers,  Congress  or  the  State  legislature? 

LESSON  5 

Executive  Branch. — Read  Article  III  of  the  North  Da- 
kota Constitution  and  answer  the  following  questions: 

QUESTIONS 

1.  What  are  the  military  powers  of  the  governor  of  North  Dakota? 

2.  What  are  his  pardoning  powers?     (See  Am.  3.) 

3.  *  What  are  his  appointing  powers? 

4.  Has  the  governor  any  legislative  powers? 

5.  Has  the  governor  a  cabinet? 

6.  Name  the  other  important  executive  officers  of  North  Dakota 

besides  the  governor.     (Section  82.) 

7.  Are  they  appointed  or  elected?    *  What  effect  does  this  have 

on  the  governor's  position  as  chief  executive? 

8.  *  Are  the  members  of  the  President's  Cabinet  appointed  or 

elected?     *  What  effect  does  this  have  on  the  President's 
position? 

9.  State  the  qualifications  of  the  governor  and  the  lieutenant 

governor. 
10.  When  may  the  secretary  of  the  State  act  as  governor? 


ANALYSIS  177 

LESSON  6 

Judicial  Branch. — Read  Article  IV  and  Amendment  X 
of  the  North  Dakota  Constitution,  and  answer  the  following 
questions : 

QUESTIONS 

1.  Where  is  the  judicial  power  of  North  Dakota  vested? 

2.  Is  jury   trial  allowed  in  the   supreme   court?     What  is  the 

reason  for  this?     (Sec.  87.) 

3.  How  are  judges  chosen  in  North  Dakota?    *  In  other  States? 

f  Supreme. 

4.  Give  terms  of  office  of  North  Dakota  judges  -I  District. 

(^  County. 

5.  What  is  the  jurisdiction  of  our  State  district  courts? 

6.  *  How  many  judicial  districts  in  North  Dakota?     In  which 

do  you  live?    Draw  a  map  of  it.    (See  "Blue  Book.") 

7.  What  is  the  jurisdiction  of  our  county  courts? 

LESSON  7 

Future  Amendments. — Read  Article  XV  of  the  North 
Dakota  Constitution. 

QUESTIONS 

1.  How  may  the  constitution  of  North  Dakota  be  amended? 

2.  How  many  times  has  it  been  amended? 

3.  How  many  years  and  months  does  it  take  to  amend  the  State 

Constitution? 

4.  How  may  the  Federal  Constitution  be  amended?     (Art.  V, 

U.  S.  Const.) 

5.  *  How  long  does  it  take  to  amend  it? 

LESSON  8 
Elective  Franchise;  Corporations.— Read  Articles   V, 

VI,  VII,  and  Amendment  II  of  the  North  Dakota  Constitu- 
Govt.  No.  Dak. — 12 


178  THE  STATE  CONSTITUTION 

tion.  Copy  and  complete  the  following  outlines  (adding 
number  of  sections  referred  to  in  State  Constitution),  and 
answer  the  questions  below. 

1.  Elective  Franchise. 

A.  Qualifications  for  voting: 

a.  Age? 

Jin  ordinary  elections? 

b.  Sex    j^in  school  elections? 

c.  Residence? 

/United  States  citizenship? 

d.  Citizenship  |Certain  Indians? 

e.  Education? 

f.  *  Civil  Rights? 

B.  Time  and  date  of  general  elections? 

2.  Corporations  (other  than  municipal) . 

A.  How  organized? 

B.  Foreign  corporations — how  do  business  in  North  Dakota? 

C.  Limitation  on  issue  of  stocks  and  bonds? 

D.  Combinations: 

a.  Railroads? 

b.  Combinations  to  control  price? 


QUESTIONS 

1.  Under  what  conditions  can  foreigners  vote  in  North  Dakota? 

2.  Who  are  citizens?     (See  14th  Am.  U.  S.  Constitution.) 

3.  At  what  elections  can  women  vote? 

4.  What  control  has  the  State  legislature  over  cities?     (Art.  VI.) 

5.  What   control   has   the  State  legislature  over  North  Dakota 

corporations?     Over  foreign  corporations?     Over  railroads? 
*  What  is  a  foreign  corporation? 

6.  *  Can  North  Dakota  corporations  "water  their  stock?"     (Sec. 

138.) 

7.  What  combinations  are  illegal  in  North  Dakota? 

8.  *  What  is  meant  by  the  " police  power"  (Sec.  134)  of  the  State? 

Give  one  example. 

9.  *  What  is  meant  by  "  eminent  domain  "? 


ANALYSIS  179 

LESSON  9 

Education;  Schools  and  Public  Lands. — Read  Arti- 
cles VIII,  IX,  XIX,  and  Amendments  V,  VI,  VIII,  and  IX  of 
the  North  Dakota  Constitution,  and  answer  the  following 
questions : 

QUESTIONS 

1.  Why  should  public  schools  be  maintained? 

2.  May  part  of  the  public  money  be  used  for  sectarian  schools? 

3.  What  are  the  four  sources  of  our  Permanent  School  Fund? 

Which  of  these  four  is  the  most  important?  (The  grant 
of  sections  16  and  36  makes  a  total  of  2,250,000  acres.) 

4.  Will  future  losses  make  this  fund  smaller? 

5.  What  are  the  sources  of  the  State  Tuition  Fund?     (Sec.  154.) 

6.  *  What  did  this  fund  amount  to  last  year?     How  much  did 

your  school  receive? 

7.  May  the  State  sell  its  coal  lands? 

8.  Who  has  control  of  all  school  lands,  and  all  moneys  coming 

from  the  sale  of  these  lands?  How  do  they  invest  this 
money?  (Sec.  162,  Ams.  8  and  9.) 

9.  What  is  the  minimum  price  of  school  lands?     (Compare  En- 

abling Act,  Sec.  11.)     *  How  high  has  it  sold? 

10.  *  How  does  the  minimum  price  hi  our  State  compare  with  the 

price  in  older  States? 

11.  Who  appraises  the  school  lands  in  each  county? 

12.  How  is  this  land  then  sold? 

13.  Does  the  State  also  rent  land?    On  what  terms? 

14.  Prepare  a  table  showing,  (a)  Total  land  grants  to  public  schools 

and  to  each  State  institution;  (b)  Acres  sold;  (c)  Total  price 
received;  (d)  Average  price  per  acre.  (See  last  report  of 
Land  Commissioner,  Bismarck,  North  Dakota.) 

15.  Draw  a  map  of  North  Dakota,  and  locate  thereon  each  State 

institution,  also  indicate  under  each  institution  the  size  of 
its  land  grants,  if  any. 

16.  Does  the  subject  of  education  occur  in  the  Federal  Constitu- 

tion?    How  do  you  explain  this  fact? 


180  THE  STATE  CONSTITUTION 

LESSON  10 

County  and  Township   Organization;  Revenue  and 
Taxation;  Public  Debt  and  Public  Works.— Read  Arti- 
cles X,  XI,  XII,  and  Amendment  IV  of  the  North  Dakota 
.Constitution. 

QUESTIONS 

1.  What  is  the  minimum  size  of  a  county  in  North  Dakota? 

2.  Who  may  change  the  boundaries  of  organized  counties? 

3.  What  county  officers  are  provided  for  in  the  constitution? 

4.  What  county  officers  may  not  serve  for  more  than  four  years 

in  succession?     Why  is  this? 

5.  What  is  the  limit  of  State  taxes  (exclusive  of  interest  on  State 

debt)? 

6.  What  is  said  about  uniformity  of  taxation?     Explain. 

7.  On  what  basis  must  property  be  valued  for  taxation? 

8.  How  are  railroads  assessed?     *  Is  the  same  method  used  in 

other  States? 

9.  What  other  corporations  are  assessed  in  the  same  way? 

10.  What  is  the  limit  of  the  public  debt  of  North  Dakota? 

11.  *  What  is  the  State  debt  to-day? 

12.  What  is  the  debt  limit  for  a  county?    A  township?    A  city? 

A  school  district?    What  are  the  exceptions  to  this  rule? 

13.  Would  a  county,  township,  city,  or  school  district  spend  too 

much  and  become  bankrupt,  were  it  not  for  this  constitu- 
tional limitation? 

LESSON  11 

Militia;  Impeachment  and  Removal;  Miscellaneous; 
Prohibition.— Read  Articles  XIII,  XIV,  XVII,  and  XX 
of  the  North  Dakota  Constitution. 

QUESTIONS 

1.  What  is  the  difference  between  the  militia  and  the  active 
militia  (National  Guard)? 


ANALYSIS^  181 

2.  Who  has  the  sole  power  of  impeachment  in  North  Dakota? 

Of  trial  of  impeachment? 

3.  What  is  said  about  child  labor  in  the  North  Dakota  Consti- 

tution? 

4.  May  corporations  use  the  blacklist  in  this  State?    What  is  a 

blacklist? 

5.  May  married  women  own  property  in  this  State? 

6.  May  intoxicating  liquors  be  manufactured  in  this  State?    Sold 

here?    Given  away? 

7.  *  What  other  States  are  prohibition  States? 

LESSON  12 

Amendments. — Read  the  amendments  to  the  North  Da- 
kota Constitution.  Write  in  parallel  columns  suitable  titles 
for  these  amendments  and  for  the  amendments  to  the  Fed- 
eral Constitution,  beginning  as  shown  below,  and  answer 
the  following  questions. 

Part  IV.  Amendments 

UNITED  STATES  NORTH  DAKOTA 

I-X.  Bill  of  Rights.  I.  Lotteries. 

XL  Jurisdiction  of  courts.  .  II.  Voters. 

XII.  etc.,  to  XV.  III.  etc.,   to  X. 

QUESTIONS 

1.  Can  lotteries  operate  legally  in  North  Dakota? 

2.  What  restriction  on  suffrage  is  imposed  by  Amendment  II, 

first  clause? 

3.  How  may  a  prisoner  in  the  State  Penitentiary  secure  a  pardon? 

4.  What  public  service  corporations  come  within  the  provisions 

of  Amendment  IV?     How  are  they  to  be  assessed? 

5.  What  State  institutions  are  located  by  Amendments  V  and  VI? 
0.  What  change  in  Section  176  of  the  Constitution  is  made  by 

Amendment  VII? 

7.  What  are  the  new  provisions  concerning  school  lands? 

8.  What  change  in  Section  89  is  made  by  Amendment  X? 


182 


PART  VI 
THE  STATE  GOVERNMENT  IN  ACTION 

CHAPTER  XV 
HISTORICAL 

Location  and  Area. — North  Dakota  is  situated  almost 
midway  between  the  Atlantic  and  Pacific  oceans  on  the 
east  and  west,  and  between  Hudson  Bay  and  the  Gulf  of 
Mexico  on  the  north  and  south.  The  waters  from  the  east 
and  northeast  parts  of  the  State  drain  into  Hudson  Bay; 
from  the  western  and  southern  parts,  into  the  Gulf.  Be- 
tween these  two  drainage  areas  is  found  a  third  area  with 
no  outlet  to  the  sea.  This  is  the  region  about  Devils  Lake, 
a  large  body  of  salt  water. 

The  State  comprises  an  area  of  70,837  square  miles,  or 
about  45,000,000  acres.  The  49th  parallel  forms  its  north- 
ern boundary,  separating  it  from  the  Dominion  of  Canada. 
On  the  east  the  Red  River  of  the  North  separates  it  from 
Minnesota.  The  southern  and  western  boundaries  consist 
of  the  State  lines  of  South  Dakota  and  Montana  respec- 
tively. The  State  thus  forms  an  almost  perfect  rectangle, 
337  miles  in  length  by  210  miles  in  width. 

Topography. — The  land  surface  of  the  State  is  divided 

into  three  rising  steps,  from  east  to  west,  namely,  the  Red 

183 


184  THE  STATE  GOVERNMENT  IN  ACTION 

River  valley,  the  middle  plain,  and  the  plateau  of  the 
Coteau  du  Missouri.  The  elevation  of  these  steps  above 
sea  level  is,  approximately,  800,  1,600,  and  2,400  feet,  re- 
spectively. 

The  first  step  consists  of  the  remarkably  level  plain 
known  as  the  Red  River  valley.  This  strip  of  land  is  thirty 
or  forty  miles  wide,  and  stretches  across  the  eastern  border 
of  the  State,  sloping  northward,  the  slope  being  about  one 
foot  to  the  mile.  The  lowest  spot  in  the  State  is  therefore 
at  Pembina,  the  elevation  above  sea  level  there  being  789 
feet. 

This  plain  rises  on  the  west  to  meet  the  great  middle 
plain  of  the  second  step,  which  averages  some  800  feet 
higher.  The  slope  leading  to  this  plain  is  gradual  in  places, 
and  inconspicuous,  but  at  other  places,  as  in  the  Pembina 
mountains,  there  is  an  abrupt  rise  to  the  new  level.  This 
middle  plain  contains  the  lake  region  of  the  State,  especially 
in  its  northern  part. 

The  third  area  comprises  the  highlands  parallel  to  the 
Missouri  River,  and  known  as  the  Coteau  du  Missouri. 
This  district  comprises  about  half  of  the  State.  Its  height 
varies  from  1,800  to  2,700  feet,  and  reaches,  in  the  summit 
of  Sentinel  Butte,  a  height  of  3,350  feet,  which  is  probably 
the  highest  point  in  the  State.  The  southwest  portion  of 
the  State  contains  the  picturesque  Bad  Lands.  "By  far 
the  most  interesting  feature  of  the  unglaciated  region  and 
in  fact  the  most  interesting  topographic  feature  in  North 
Dakota,"  says  the  State  geologist,  "is  the  famous  Bad 
Lands.  .  .  .  The  Bad  Lands  are  typically  developed  along 
the  Little  Missouri,  and  Medora  is  located  in  their  midst. 


HISTORICAL 


185 


The  soft  cretaceous  clays  and  sands  have  been  carved  by 
running  water  into  a  multitude  of  steep-sided  hills,  isolated 
buttes,  and  an  endless  variety  of  fantastic  forms.  .  .  . 
Beauty  and  variety  is  added  to  the  landscape  by  the  di- 
versity of  color.  The  colors  are  arranged  in  broad  bands 


In  the  Bad  Lands 

along  the  faces  of  the  bluffs — gray,  yellow,  black  and  red 
of  every  shade  and  tint,  together  with  browns  and  pinks. 
The  banded  and  many-hued  bluffs,  buttes,  domes  and  pin- 
nacles are  a  characteristic  feature  of  the  Bad  Lands  and 
increase  their  attractiveness  from  a  scenic  point  of  view."  1 
Climate. — The  rainfall  of  the  State  varies  with  each  of 

1  Dr.  A.  G.  Leonard,  "Third  Biennial  Report,  State  Geological  Survey 
of  North  Dakota,"  pp.  132,  133.     See  also  "Fifth  Biennial  Report,"  p.  38. 


186  THE  STATE  GOVERNMENT  IN  ACTION 

the  three  topographic  divisions.  In  the  Red  River  valley 
it  is  ample  for  agricultural  purposes,  and  often  excessive. 
In  the  middle  plain  the  rainfall  comes  almost  entirely  dur- 
ing the  farming  season  and  is  adequate.  In  the  western 
half  of  the  State  the  rainfall  is  scant,  except  for  purposes 
of  grazing  and  dry  farming.  The  temperature  of  the  State 


A  North  Dakota  Wheat  Field 


fluctuates  between  widely  separated  extremes,  from  a  max- 
imum of  100  degrees  to  a  minimum  of  —35  degrees,  Fah- 
renheit. Although  very  low  temperatures  are  common  in 
the  winter,  yet  the  severity  of  the  cold  is  greatly  mitigated 
by  the  prevailing  dryness  of  the  air.  Likewise  in  summer 
time,  the  excessive  heat  of  the  midday  sun  is  not  oppres- 
sive, owing  to  this  same  dryness  of  the  atmosphere.  The 
radiations  of  the  nighttime  offset  the  higher  temperr 


HISTORICAL  187 

atures  of  the  day,  giving  rise  to  the  phenomenon  of  cool 
nights. 

Resources. — North  Dakota  is  a  prairie  State.  Strips  of 
timber  are  found  only  along  the  streams.  One  national 
forest  is  being  developed  in  the  Bad  Lands.  The  soil  of 
the  State  is  adapted  to  farming,  primarily  to  wheat  cul- 
ture; In  the  production  of  this  crop  the  State  ranks  along 
with  Minnesota  and  Kansas  as  one  of  the  three  famous 
wheat  States  of  the  Union.  Among,  the  other  farm  crops 
successfully  grown  to  a  large  extent  in  the- State  are  flax, 
oats,  barley,  corn,  rye,  clover,  and  potatoes.  The  mineral 
resources  of  the  State,  \vhile  largely  undeveloped,  are  of 
unquestioned  importance.  Lignite  coal  is  found  through- 
out the  western  half  of  the  State.  Clays,  valuable  for  tile, 
pottery,  and  dishes,  abound.  The  sheep  and  cattle  in- 
dustry, once  "of  great  economic  importance,  to  the  State,  is 
declining  in  favor  of  farming  and  dairying. 

The  Native  Inhabitants. — The  Indians  were  the  original 
inhabitants  of  North  Dakota.  The  buffalo,  deer,  beaver, 
antelope,  wild  ducks,  and  geese,  and  other  species  of  game 
made  these  great  .prairies,  lakes,  and  coulees  a  coveted 
hunting  ground.  The  Indians,  like  all  other  races  of  the 
globe,  are  a  shifting  and  migratory  people.  Hence  North 
Dakota  has  been  the  temporary  home,  if  not  the  perma- 
nent abode,  of  many  contending  tribes  of  Indians.  Many 
traces  are  left  of  a  now  almost  obliterated  people.  "In 
the  Dakotas,"  says  a  great  scholar,  "are  hundreds  of 
mounds,  effigy  mounds,  embankments,  an  effigy  of  a  man, 
one  of  a  serpent  and  one  of  a  turtle  outlined  with  bowl- 
ders, some  other  figures  similarly  outlined,  trails  of 


188  THE  STATE  GOVERNMENT  IN  ACTION 

bowlders,  lines  of  bones,  tepee  circles  of  stone,  and  pictured 
rocks."  1 

The  various  tribes  occupying  the  present  territory  of 
North  Dakota,  as  far  back  as  our  historical  records  go,  were 
nearly  all  members  of  two  great  Indian  families, — the  Sioux 
and  the  Algonquin.  The  Algonquins  were  represented  by 
the  Crees  in  the  Turtle  Mountain  region.  The  Sioux  were 
chiefly  represented  by  two  prominent  tribes,  the  Grosven- 
tres  in  the  northwest  and  the  Mandans  in  the  Missouri  val- 
ley to  the  south.  An  historian,  in  writing  of  the  Sioux,  uses 
this  language,  "They  are  often  regarded  too,  as  the  typ- 
ical native  Americans,  physically  strong  and  active,  hunt- 
ers and  warriors  by  nature  and  necessity,  shifting  from 
place  to  place,  but  always  free,  always  dominant,  always 
significant."  2 

Exploration. — The  fur  traders  and  the  missionaries  to 
the  Indians  were  the  first  white  men  to  explore  the  present 
territory  of  North  Dakota.  La  Verendrye,  a  French  fur 
trader  and  explorer,  has  left  us  a  very  early  record  of  a  dar- 
ing journey  of  discovery  and  exploration.  He  entered  the 
present  limits  of  the  State  in  the  Turtle  Mountains,  per- 
haps the  first  white  man,  in  the  year  1738,  and  succeeded 
in  reaching  a  point  on  the  Missouri  River  near  the  mouth 
of  the  Knife  River.  But  no  permanent  results  followed 
his  visit.  The  Lewis  and  Clark  expedition  sent  out  by  the 
Federal  government,  journeying  from  St.  Louis  to  the 
Pacific  coast,  by  way  of  the  Missouri  and  Columbia  Rivers, 
spent  the  winter  of  1804  and  the  spring  of  1805  in  camp  at 

1  Harlan  I.  Smith,  in  "State  Historical  Society  of  North  Dakota  Collec- 
tions," Vol.  I,  p.  81. 

2  Farrand,  "American  Nation;  Basis  of  American  History,"  p.  133. 


HISTORICAL  189 

Fort  Mandan  near  the  mouth  of  the  Knife  River.  These 
men  gave  to  the  world  a  detailed  record  of  the  country 
along  the  great  river,  its  climate,  its  game,  its  Indian  in- 
habitants. Their  journal  makes  mention  of  the  Jacques 
(James),  and  the  "Du  Chi  en  or  Dog"  (Cheyenne)  Rivers, 
and  of  Bon  Homme  Island.  These  names  all  indicate  that 
the  French  had  already  been  there.  Near  the  site  of  Bis- 
marck their  journal  reports  a  "  bluff  with  a  stratum  of 
black,  resembling  coal." 

Soon  after  this  visit  of  Lewis  and  Clark,  traders  began 
to  establish  posts  along  the  rivers,  to  deal  in  furs  with  the 
Indians. 

Settlement. — "The  first  actual  settlement  made  by  a 
white  man  in  North  Dakota  was  in  1780  at  Pembina,  by 
a  Frenchman  in  the  employment  of  the  Hudson  Bay  Com- 
pany." 1  Here  in  1812  Lord  Selkirk  established  one  of  his 
colonies  (bringing  it  actual  settlers,  not  fur  traders),  think- 
ing the  land  was  under  British  dominion.  The  post  had  a 
checkered  history.  It  was  destroyed,  rebuilt,  and  finally, 
upon  the  discovery  that  it  was  not  on  Canadian  soil,  it 
was  removed  to  Canada.  The  original  settlers  fled  to  more 
peaceful  regions,  leaving  the  land  once  more  to  the  Indians 
and  traders.  The  hardy  French  fur  traders  intermarried 
with  Indian  women,  and  thus  this  settlement  came  to  be 
one  consisting  largely  of  mixed  bloods.  A  candidate  for 
office  in  the  early  60's  visited  this  place  and  wrote  of  it  as 
follows:  "We  then  made  another  trip  of  four  hundred 
miles  northward  to  the  half-breed  settlement  on  the  Pem- 
bina River  in  North  Dakota.  Here  young  Joe  Rolette 

1  Smith  and  Young,  "History  and  Government  of  South  Dakota,"  p.  55. 


190  THE  STATE  GOVERNMENT  IN  ACTION 

took  me  in  hand,  and  in  a  wooden  two-wheeled  Red  River 
cart,  harnessed  with  raw  hide  to  a  trotting  ox,  we  traveled 
for  a  week  among  the  settlers."  l 

Fort  Pierre  was  built  in  1829  near  Pierre,  South  Dakota, 
by  Pierre  Choteau.  Under  his  direction  the  first  steam- 
boat made  a  trip  up  the  Missouri  River  in  1830.  But  the 
land  of  Dakota  was  not  yet  surveyed,  and  not  open  to  le- 
gal settlement  for  many  years.  Indeed,  not  till  1851  was 
a  treaty  made  with  the  Sioux  Indians,  by  which  a  small 
strip  of  land  in  southeastern  Dakota  was  legally  placed  in 
the  control  of  the  whites.  This  treaty  was  followed  by 
others,  securing  for  the  whites,  piecemeal,  the  coveted 
territory,  till  finally  almost  the  whole  of  North  Dakota  and 
South  Dakota  was  open  to  white  men. 

The  Indian  massacre  at  New  Ulm,  Minnesota,2  in  1862, 
followed  by  smaller  Indian  troubles  in  Dakota,  did  much 
to  retard  white  settlement  on  Dakota  soil.  These  mas- 
sacres came  during  the  Civil  War,  when  the  government 
could  spare  but  a  few  soldiers  to  protect  the  pioneer  set- 
tlers. Lack  of  transportation  facilities  was  the  second 
great  factor  in  preventing  the  growth  of  population  in  this 
new  region.  With  the  overcoming  of  these  two  obstacles, 
by  making  treaties  with  the  Indians  and  by  building  rail- 
roads, increase  in  population  has  gone  on  rapidly. 

The  first  railroad  to  touch  Dakota  soil  was  the  Northern 
Pacific.  It  was  aided  by  a  land  grant  of  some  six  million 
acres  in  North  Dakota.  On  January  1,  1872,  it  reached 
Fargo;  the  next  year  it  reached  Bismarck.  In  that  year 

1  Armstrong,  "The  Early  Empire  Builders  of  the  Great  West,"  p.  57. 

2  McVey,  "Government  of  Minnesota,"  p.  23. 


HISTORICAL  191 

(1873)  also,  the  Dakota  Southern  was  pushed  from  Sioux 
City  to  Yankton.  Not  till  1880  did  the  Great  Northern 
cross  the  Red  River  at  Grand  Forks. 

Dakota  Territory.— Prior  to  1861,  Dakota  Territory, 
embracing  the  present  States  of  North  and  South  Dakota, 
had  been  under  many  different  governments.  Most  of 
Dakota  Territory  was  purchased  from  France  in  1803,  un- 
der the  treaty  known  as  the  Louisiana  Purchase.  This 
covered  that  section  only  of  the  territory  represented  by 
the  "  Mississippi  River  and  its  tributaries."  Not  till  the 
international  boundary  line  was  corrected  by  the  agree- 
ment of  1818  was  the  Red  River  valley,  down  to  the  49th 
parallel,  placed  under  American  instead  of  British  domin- 
ion. Eastern  Dakota  (east  of  Missouri  and  White  Earth 
rivers)  has  been  part  of  the  following  Territories: 

Territory  of  Missouri,  1812. 

Territory  of  Michigan,  1834. 

Territory  of  Wisconsin,  1836. 

Territory  of  Iowa,  1838. 

Territory  of  Minnesota,  1849. 

"Mandan  Territory,"  as  the  part  of  Dakota  west  of  the 
Missouri  and  White  Earth  rivers  was  once  known,  was  in- 
cluded in  the  Territory  of  Missouri  in  1812,  and  in  1854 
was  attached  to  the  Territory  of  Nebraska. 

In  1858  Minnesota  became  a  State,  with  boundaries  re- 
duced to  their  present  position,  leaving  eastern  Dakota 
without  government,  without  name,  and  without  legal  ex- 
istence. Congress  passed  the  Organic  Act  for  Dakota  Ter- 
ritory in  1861,  and  on  March  2,  1861,  on  the  eve  of  retiring 
from  office,  President  Buchanan  signed  it. 


192       ,       THE  STATE  GOVERNMENT  IN  ACTION 

As  a  Territory,  Dakota  had  the  usual  form  of  government 
common  to  Territories.  That  is,  the  President  appointed 
the  executive  and  judicial  officers:  the  inhabitants  them- 
selves elected  their  legislative  branch.  Abraham  Lincoln 
appointed  the  first  governor  for  the  young  Territory.  His 
choice  was  Dr.  William  Jayne  of  Springfield,,  Illinois,  Lin- 
coln's home  town.  The  first  legislature  of  Dakota  Terri- 
tory was  composed  of  a  Council  of  nine  men,  and  a  House 
of  thirteen  men.  The  capital  was  Yankton  till  1883.  In 
1883  the  capital  was  changed  to  Bismarck,  a  more  central 
location. 

Dakota  Territory  soon  began  to  clamor  for  admission 
to  the  Union  as  a  State.  This  matter  was  delayed  for  many 
years,  however.  The  period  of  territorial  life  lasted  twenty- 
eight  years,  or  from  1861  to  1889.  With  the  passing  of  the 
twenty-eighth  birthday,  Dakota  Territory  was  ready,  in 
the  judgment  of  Congress,  to  join  the  family  of  full-grown 
States.  During  these  years  of  minority,  population  had 
increased  as  follows : 

POPULATION  DAKOTA  TERRITORY 

Year  Population 

1860 4,837 

1870 14,184,  increase  of  210  per  cent. 

1880 135,177         "         "  850     "      " 

1889 473,954  "  250     "      " 

And  the  wide-spreading  Territory  had  already  established 
the  following  institutions,  anticipating  admission  to  the 
Union  as  two  separate  States:  a  school  of  mines,  two  pen- 
itentiaries, a  reform  school,  two  asylums  for  the  insane,  an 


HISTORICAL  193 

agricultural  college,  two  normal  schools/, and  two  univer- 
sities. 

The  Enabling  Act. — Congress  passed  an  Enabling  Act 
for  North  and  South  Dakota  February  22,  1889.  An 
" enabling  act"  is  a  law  of  Congress,  authorizing  or  enabling 
a  Territory  to  draw  up  and  adopt  a  constitution  for  itself, 
and  to  enter  the  Union  upon  meeting  the  requirements  im- 
posed by  the  act.  Our  enabling  act  applied  to  four  pro- 
posed States,  and  its  blanket  nature  is  shown  by  its  title, 
which  is  as  follows:  "An  Act  to  provide  for  the  division  of 
Dakota  into  two  States  and  to  enable  the  people  of  North 
Dakota,  South  Dakota,  Montana,  and  Washington  to  form 
constitutions  and  State  governments  and  to  be  admitted 
into  the  Union  on  an  equal  footing  with  the  original  States, 
and  to  make  donations  of  public  lands  to  such  States." 

Very  much  of  the  debate  in  Congress  over  this  Act  per- 
tained to  the  price  at  which  the  States  should  be  allowed 
to  sell  their  land  grants.  Before  this  time  the  price  had 
run  from  50  cents  to  $5  an  acre.  Some  speakers  favored 
$6  an  acre.  The  price  was  finally  set  at  a  minimum  of  $10 
an  acre. 

The  chief  provisions  of  the  Enabling  Act  are  as  follows : 

(1)  Provision  for  a  constitutional  convention  at  Bis- 
marck. 

(2)  Religious  liberty  to  be  maintained. 

(3)  A  joint  commission  of  the  two  States,  North  Dakota 
and  South  Dakota,  to  arrange  equitable  division  of  terri- 
torial debt  and  territorial  property. 

(4)  A  magnificent  land  grant. 

The  land  grant  is  worthy  of  especial  mention.    It  was  for 


194  THE  STATE  GOVERNMENT  IN  ACTION 

the  support  of  State  institutions,  and  for  the  maintenance 
of  common  schools.  The  grant  for  the  purpose  of  support- 
ing common  schools  was  a  princely  domain,  amounting  in- 
deed to  almost  half  the  amount  previously  given  by  the 
Federal  government  to  encourage  railroad  building  in 
North  Dakota.  The  common  school  grant  was  sections  16 
and  36  in  every  township,  or  a  total  of  two  and  a  half  mil- 
lion acres.  About  six  hundred  thousand  acres  more  were 
given  for  the  support  of  an  agricultural  college,  State  uni- 
versity, school  of  mines,  normal  schools,  and  the  various 
State  institutions.  A  very  important  proviso  was  placed 
in  the  Enabling  Act,  namely,  none  of  the  land  should  ever 
be  sold  for  less  than  $10  an  acre.  When  we  compare  this 
price  with  the  price  received  by  the  older  States  we  see 
the  wisdom  of  this  provision.  For  instance,  Rhode  Island 
received  120,000  acres  for  an  agricultural  college,  which 
was  sold  for  $50,000,  or  42  cents  an  acre.  Iowa  received 
for  her  agricultural  college  240,000  acres,  which  she  sold 
for  $500,000,  or  $2.08  an  acre.1  Under  the  terms  of  the 
Enabling  Act,  North  Dakota  must  get  as  much  for  one  acre 
as  Rhode  Island  did  for  twenty-five. 

Constitutional  Convention. — In  accordance  with  the 
Enabling  Act,  the  constitutional  convention  was  held  at 
Bismarck,  beginning  July  4,  1889.  The  convention  was 
composed  of  seventy-five  delegates,  duly  elected  and  em- 
powered to  perform  their  important  work  of  forming  a  con- 
stitution. They  spent  five  weeks  drafting  a  constitution 
for  the  new  State.  The  terms  of  the  Enabling  Act  were 

^Donaldson,  "Public  Domain/'  47th  Cong.,  2  Sess.,  House  Doc.  45 
part  4,  Serial  No.  2158. 


HISTORICAL  195 

strictly  complied  with  in  regard  to  safeguarding  religious 
liberty,  in  dividing  debts  and  property  with  South  Dakota, 
and  in  regard  to  the  disposition  and  price  of  the  land  grant. 

There  are  two  kinds  of  State,  constitutions.  One  is  short, 
containing  the  bare  framework  of  principles.  The  other  is 
long,  containing  not  only  the  principles,  but  much  of  the 
detailed  program  for  carrying  these  principles  into  effect. 

These  two  plans  were  before  the  North  Dakota  conven- 
tion, and  each  had  strong  champions.  Judge  T.  M.  Coolcy 
of  Michigan,  author  of  a  much-read  and  scholarly  book  on 
constitutional  law,  favored  the  short  constitution.  He  ad- 
dressed the  convention  and  used  these  words,  "Do  not,  in 
your  constitution-making,  legislate  too  much.  Leave 
something  for  the  legislature.  You  have  to  trust  somebody 
in  the  future,  and  it  is  right  and  proper  that  each  depart- 
ment of  the  government  should  be  trusted  to  perform  its 
legitimate  functions."  Governor  Melette,  the  last  gov- 
ernor of  Dakota  Territory,  favored  exactly  the  opposite 
plan.  He  said,  "If  you  know  the  proper  thing  to  embrace 
in  a  constitution,  the  more  there  is  in  it  the  better.  One 
of  the  greatest  evils  is  excessive  legislation — the  constant 
change  of  laws  every  two  years,  and  the  squabble  and  de- 
bates over  the  different  questions  that  constantly  arise." 
Whether  wisely  or  unwisely,  the  second  plan  was  followed, 
and  North  Dakota  secured  a  constitution  some  twenty- 
eight  thousand  words  in  length.  The  convention  finished 
its  labors  on  August  17,  and  on  October  1  the  people  voted 
on  the  constitution.  It  was  ratified  by  a  vote  of  three  to 
one.  Article  20,  dealing  with  prohibition,  was  submitted 

separately,  but  also  carried,  and  thus- became  a  part  of  the 
Govt.  No.  Dak.— 13 


196  THE  STATE  GOVERNMENT  IN  ACTION 

constitution.  This  constitution  we  have  already  studied 
in  an  earlier  part  of  this  work. 

State  of  North  Dakota. — President  Harrison  was  satis- 
fied that  the  constitution  of  North  Dakota  complied  strictly 
with  the  terms  set  by  Congress,  and  therefore  on  Novem- 
ber 2,  1889,  he  issued  his  proclamation  of  admission,  and 
the  admission  of  the  State  into  the  Union  was  complete. 

Amendments  to  Constitution. — Several  hundred  amend- 
ments have  already  been  proposed  to  the  constitution. 
Only  a  small  proportion  of  them  have  been  adopted.  Few 
amendments  are  actually  adopted  because  the  process  of 
adoption  is  very  slow  and  very  difficult.  We  may  illus- 
trate the  three  steps  in  adopting  an  amendment  in  this 
way:  (1)  The  proposed  amendment  passes  the  legislative 
assembly  in  an  odd-numbered  year,  say,  January,  1907. 
(2)  It  then  comes  up  and  passes  the  legislative  assembly 
two  years  later,  in  January,  1909.  (3)  It  then  comes  to  its 
final  test — goes  before  the  voters  in  the  regular  fall  election, 
twenty-two  months  later,  November,  1910.  This  is  the 
process  and  it  requires  at  least  three  years  and  nine  months. 
About  one  amendment  in  thirty  survives  the  ordeal. 

Growth  of  the  State. — The  growth  of  the  State  in  popu- 
lation and  in  industry  has  been  very  rapid.  Increase  in 
population  is  shown  in  this  interesting  table: 

GROWTH  IN  POPULATION,  NORTH  DAKOTA 

Year  Po-pulation 

1880  .  .  .       36,909 

1890  .  .  .  182,719,  increase  in  10  years,  400  per  cent. 

1900  .  .  .  319,146                  "    "      "         75    "       " 

1905  .  .  .  437,070        "         "     5     "         36    "       " 


HISTORICAL  197 

No  other  State  in  the  Union  has  such  a  mixture  of 
sturdy  races  as  has  North  Dakota.  The  ancient  and  virile 
Teutonic  stock  is  represented  by  the  Anglo-Saxons,  the 
Scandinavians,  the  Germans,  and  the  Germanic-Russians. 
North  Dakota  has  long  stood  first  among  the  States  in  her 
high  percentage  of  foreign  born.  The  percentage  of  foreign 
born  at  different  times  is  shown  below: 

PER  CENT  OF  FOREIGN  BORN,  NORTH  DAKOTA 

1880 49.5  per  cent. 

1890 44.6    "       " 

1900 35.5    "       " 

1905 21.0    "       " 

The  elements  making  up  this  foreign-born  population 
are  shown  in  this  table: 

EIGHT  LEADING  NATIONALITIES,  1890  AND  1900 

Rank    Per  cent,  of  total  population  Rank 

1890  1890  1900  1900 

Norwegians      ...       1  14.1  9.4               1 

Canadians    ....       2  12.6  8.8               2 

Germans      ....       3  4.9  3.6               4 

Swedes 4  3.0  2.6               5 

Russians      ....       5  2.1  4.7  3 

English        ....       6                  1.8  0.9               7 

Irish        7                  1.6  0.8  8 

Danes 8                  1.5  1.2  6 

In  railroad  construction  the  State  has  enjoyed  a  truly 
remarkable  growth.  The  State  had  in  1910  four  trans- 
continental lines,  namely,  the  Northern  Pacific,  the  Great 
Northern,  the  Minneapolis,  St.  Paul,  and  Sault  Ste.  Marie, 
and  the  Chicago,  Milwaukee,  and  St.  Paul.  There  was  also 


198 


THE  STATE  GOVERNMENT  IN  ACTION 


a  'network  of  small  branch  lines  covering  the  north  and 
east  two  thirds  of  the  State.  The  railroad  mileage  in  1908 
was  4,920  miles.  With  the  spread  of  the  railroads  has  gone 
the  extension  of  rural  and  long  distance  telephones  (11,398 
miles  in  1908),  the  rural  free  delivery  of  mail  (331  routes 
in  1908),  the  construction  of  farmers'  cooperative  eleva- 
tors, creameries,  etc. 


A  North  Dakota  Coal  Vein 

The  mineral  resources  of  the  State  remain  as  yet  almost 
unscratched.  In  1907,  however,  over  three  hundred 
thousand  tons  of  coal  were  mined.  This  is  a  good  beginning. 
The  rich  clays  of  the  State  are  being  exploited  for  brick, 
and  to  some  extent  also  for  the  manufacture  of  tile,  pot- 
tery, and  dishes. 

With  less  than  one  fourth  of  her  land  under  cultivation 


HISTORICAL  199 

(10,509,414  acres  in  1908)  North  Dakota  already  ranks 
among  the  great  agricultural  States  of  the  Union. 

QUESTIONS  ON  THE  TEXT 

1.  Describe  the  physical  features  of  North  Dakota, — area,  bound- 

aries, drainage. 

2.  Describe  the  topography  of  North  Dakota. 

3.  What  and  where  are  the  Bad  Lands? 

4.  Discuss  the  climate  of  the  State — rainfall,  temperature. 

5.  Describe  natural  resources. 

6.  What  Indian  families  and  tribes  occupied  Dakota  Territory? 

What  were  their  habits? 

7.  What  remains  have  they  left? 

8.  Name  the  early  explorers  of  Dakota.     Dates  and  results  of 

their  work. 

9.  What  was  the  occupation  of  the  fur  trader? 

10.  Where  was  the  first  settlement  in  North  Dakota?    Date?    By 

whom? 

11.  Give  an  account  of  Lord  Selkirk's  Pembina  colony. 

12.  Who  was  Pierre  Choteau? 

13.  What  two  factors  retarded  the  settlement  of  Dakota? 

14.  How  were  these  difficulties  overcome? 

15.  When  did  the  railroads  reach  Fargo  and  Grand  Forks? 

16.  Dakota  has  been  under  what  territorial  government? 

17.  When  was  the  Organic  Act  passed? 

18.  Describe  the  territorial  government  of  Dakota  Territory. 

19.  How  long  did  Dakota  remain  a  Territory?     What  was  the 

population  each  decade? 

20.  What  public  institutions  did  the  Territory  establish? 

21.  What  is  an  enabling  act?    Give  title  and  four  provisions  of 

the  North  Dakota  Enabling  Act. 

22.  Show  the  wisdom  of  these  provisions. 

23.  Describe  the   constitutional  convention  and  its  work.     What 

plan  of  constitution  was  finally  adopted? 

24.  When  was  North  Dakota  admitted  to  the  Union? 

25.  How  may  the  constitution  be  amended?    Illustrate  the  process. 

26.  What  has  been  the  growth  of  the  State — population — trans- 


200  THE  STATE  GOVERNMENT  IN  ACTION 

portation    and    communication    facilities — development    of 
natural  resources — agriculture? 

27.  Discuss  the  population  of  North  Dakota  from  the  standpoint 
of  races  represented. 

QUESTIONS  SUGGESTED  BY  THE  TEXT 

1.  Give  an  account  of  the  Hudson  Bay  Company.    Of  the  North- 

western Fur  Company.    What  relation  did  each  have  to  the 
early  settlement  of  North  Dakota? 

2.  Give  an  account  of  Lord  Selkirk's  colonies. 

3.  Give  an  account  of  the  settlement  and  growth  of  some  North 

Dakota  village  or  city. 

4.  Give  an  account  of  a  rural  telephone  line. 

5.  Give  an  account  of  a  farmers'  elevator  company. 

6.  Give  an  account  of  a  farmers'  cooperative  store;  bank;  insur- 

ance company;  creamery. 

7.  Draw  a  race-map  of  your  city,   school  district,   or  county, 

locating  and  naming  the  various  races  living  there. 

8.  Compare  immigration  to  North  Dakota  with  immigration  to 

Massachusetts  (or  New  York),  as  to  (a)  number,  and  (b)  char- 
acter of  immigrants. 

REFERENCES 

"Collections  of  North  Dakota  Historical  Society,"  Biennial  Pub- 
lication, Bismarck  (1906-  ). 

Armstrong,  "Early  Empire  Builders  of  the  Great  West,"  pp.  1-204. 

"North  Dakota  Blue  Book." 

For  Topography,  climate,  mineral  resources,  description,  and  views 
of  Bad  Lands,  etc.,  see  "Reports  of  North  Dakota  Geological 
Survey,"  Biennial,  Bismarck  (1900-  ). 


CHAPTER  XVI 

THE  EXECUTIVE 

"He  (the  governor)  shall  expedite  all  such  matters  as  may  be  re- 
solved upon  by  the  legislative  assembly  and  shall  take  care  that  the 
laws  be  faithfully  executed."  North  Dakota  Constitution,  Sec.  75. 

The  Chief  Executive.— The  State,  like  the  Nation,  has 
the  three  branches  of  government:  the  executive,  the  leg- 
islative, and  the  judiciary.  The  executive  of  the  nation  is 
one  man,  the  President.  The  executive  of  the  State  is 
broken  up  into  many  parts,  the  governor  being  chief  ex- 
ecutive. The  executive  or  administrative  departments 
make  up  the  rest  of  the  State  executive  branch.  There 
are  eight  of  these  departments,  elected  like  the  governor, 
and  they  are  the  following:  a  secretary  of  state,  an  auditor, 
a  treasurer,  a  superintendent  of  public  instruction,  a  com- 
missioner of  insurance,  three  commissioners  of  railroads, 
an  attorney-general,  and  a  commissioner  of  agriculture 
and  labor.  Besides  these  there  are  various  boards,  com- 
missioners, etc. 

The  chief  executive  power  of  the  State  is  vested  in  the 
governor.  He  must  be  at  least  thirty  years  of  age,  and  a 
resident  of  the  State.  He  is  elected  by  the  qualified  vot- 
ers for  a  term  of  two  years,  and  is  eligible  for  reelection. 
A  governor  often  serves  two  terms,  but  very  rarely  is 
elected  for  three  terms.  The  salary  is  $5,000  a  year,  and 

201 


202  THE  STATE  GOVERNMENT  IN  ACTION 

in  addition  to  this  the  State  furnishes  him  the  use  of  an 

• 

executive  mansion. 

Powers  and  Duties  of  the  Governor.— The  duties  of  the 
governor  are  summed  up  in  these  brief  words  of  the  consti- 
tution, "He  shall  take  care  that  the  laws  be  faithfully  ex- 
ecuted." In  reality  he  exercises  a  variety  of  powers,  clas- 
sified as  follows: 

1.  Legislative  Powers. — The  governor  sends  a  written 
message  to  the  legislative  assembly,  recommending  needed 
legislation,  and  reviewing  the  work  and  finances  of  the 
State  government.    He  may  convene  the  legislature  for  a 
special  session  on  "extraordinary  occasions."    The  princi- 
pal legislative  power  in  his  hands,  however,  is  the  veto 
power.    This  is  worthy  of  our  careful  examination.    When 
a  bill  has  passed  the  legislature  the  governor  may  veto  it 
(i.  e.,  refuse  to  sign  it),  and  return  it  with  his  written  ob- 
jections.   Two  thirds  of  the  members-elect  in  each  house 
may  pass  it  over  the  governor's  veto,  but  this  is  a  very  hard 
thing  to  do.     The  governor  must  either  sign  or  veto  the 
bill,  ho  "pocket  veto"  being  possible.    If  he  keeps  the  bill 
three  days,  it  becomes  a  law  without  his  signature.    If  the 
legislature  has  adjourned,  he  may  keep  the  bill  fifteen  days, 
and  then  it  becomes  a  law,  unless  he  files  written  objections 
to  it  with  the  secretary  of  state.    The  governor  may  select 
individual  items  in  appropriation  bills  and  disapprove  of 
them.    These  items  are  then  in  the  same  condition  as  a  ve- 
toed bill,  while  the  rest  of  the  bill  becomes  law. 

2.  Executive  Powers. — The  general  executive  powers  of 
the  governor  may  be  reduced  to  three,  namely,  Appoint- 
ing; Military;  Law  Enforcement. 


THE  EXECUTIVE  203 

A.  Appointing. — Compared  with  the  chief  executive  of 
the  nation,  the  governor  has  very  small  powers  of  appoint- 
ment.    He  appoints  no  court  judges,  no  cabinet  officers, 
and  very  few  militia  officers.     His  appointing  power  ex- 
tends to  the  trustees  of  all  State  institutions  (now  four- 
teen in  number),  to  about  twenty  boards  and  commissions, 
and  to  the  adjutant  general  in  charge  of  the  militia.    He 
may  also  appoint  for  his  personal  staff  nine  aids-de-camp, 
with  the  title  of  colonel,  and  six  with  the  rank  of  lieuten- 
ant colonel.    It  can  be  seen  from  the  foregoing  that  while 
the  number  of  persons  appointed  by  the  governor  is  not 
large,  varying  from  one  hundred  and  fifty  to  two  hundred, 
yet  the  share  of  the  administrative  work  of  the  State 
placed  in  their  hands  is  very  large  indeed.    Certain  vacan- 
cies in  office  are  filled  by  appointment  of  the  governor,  as 
provided  by  law.     If  the  law  has  provided  no  mode  of 
filling  a  vacancy,  the  governor  is  empowered  by  the  con- 
stitution to  fill  such  vacancy. 

B.  Military. — The  governor  is  commander  in  chief   of 
the  militia  of  the  State.    In  case  of  tumult  or  riot  he  has 
power  to  call  out  the  military  forces  of  the  State. 

The  militia  of  the  State  consists  of  every  able-bodied  male 
between  the  age  of  eighteen  and  forty-five  years.  The 
organized  militia — the  part  armed  and  drilled  ready  for 
fighting — constitutes  the  North  Dakota  National  Guard. 
A  law  of  Congress  requires  that  the  " organization,  arma- 
ment, and  discipline"  of  the  National  Guard  shall  be  the 
same  as  that  of  the  regular  army.  To  standardize  the 
National  Guard  the  Federal  government  furnishes  it  arms, 
uniforms,  and  equipment,  and  also  provides  for  its  partici- 


204  THE  STATE  GOVERNMENT  IN  ACTION 

pation  in  the  regular  army  encampments  and  maneuvers. 
Money  is  appropriated  from  the  national  treasury  to  pro- 
mote the  efficiency  of  the  National  Guard  in  each  State. 

The  governor  appoints  the  officers  comprising  the  staff 
(inspector  and  judge-advocate-general,  chief  of  supply, 
chief  of  engineers,  etc.);  while  the  lower  line  officers  (such 
as  captains,  lieutenants,  etc.)  are  elected  by  the  men  them- 
selves in  the  National  Guard.  The  smallest  division  of  the 
National  Guard,  as  of  the  army,  is  the  company,  consist- 
ing of  forty-two  privates  in  the  charge  of  three  commis- 
sioned officers,  one  captain,  one  first  lieutenant,  and  one 
second  lieutenant. 

C.  Law  Enforcement. — The  governor's  oath  imposes  on 
him  the  duty  of  enforcing  the  law.  But  what  are  his  pow- 
ers of  law  enforcement?  How  can  lawbreakers  be  brought 
before  the  courts?  Very  seldom  is  it  necessary  to  use  the 
military  force  of  the  State  to  quell  disturbances.  Most 
lawbreaking  is  of  a  less  spectacular  kind.  To  illustrate. 
The  prohibition  law  is  sometimes  violated.  The  State  has 
an  officer  in  each  county  to  enforce  State  laws — the  State's 
attorney.  If  he  is  informed  by  any  person  of  t-he  violation 
of  the  prohibition  law,  or  knows  himself  of  such  a  viola- 
tion, it  is  his  duty  to  tyave  the  sheriff  arrest  the  lawbreaker 
and  have  him  brought  to  trial  before  the  proper  court. 
If  he  is  unable  to  do  this  or  neglects  or  refuses  to  enforce 
this  law,  the  attorney-general  must  proceed  with  the  mat- 
ter, and  may  also  have  the  State's  attorney  tried  before 
a  court  and  removed  from  office.  The  governor  must  act 
through  this  machinery— the  various  State's  attorneys 
and  the  attorney-general.  In  this  way  must  he  secure  law 


THE  EXECUTIVE  205 

enforcement.  If  the  attorney-general  refuses  to  do  his 
duty,  there  are  two  things  the  governor  may  do;  he  may 
get  an  order  (a  mandamus)  from  the  supreme  court,  which 
is  a  command  for  the  officer  to  do  his  duty.  If  he  refuses 
to  obey,  he  is  guilty  of  contempt  of  court,  and  will  be  fined 
or  imprisoned.  Or  the  governor  may  proceed  in  the  proper 
court  to  have  the  attorney-general  ousted  from  office  for 
nonperformance  of  duty.  We  may  add,  to  make  the 
record  complete,  that  if  the  governor  himself  refuses  to 
obey  the  law,  he  too  can  be  removed  from  office,  upon 
being  impeached  by  the  house  of  representatives  and  con- 
victed by  the  senate.  Hence  the  machinery  of  law  enforce- 
ment is  complete,  although  somewhat  slow  and  clumsy. 

Rewards. — The  governor  is  empowered  to  offer  a  reward, 
not  exceeding  $1,000,  for  the  capture  of  any  criminal  flee- 
ing from  justice. 

3.  Social. — A  large  part  of  the  governor's  duties  are 
social.    He  must  attend  and  speak  at  important  meetings, 
must  dedicate  public  buildings,  and  visit  interstate  and 
national  gatherings  of  all  kinds.    These  duties  make  heavy 
demands  upon  the  governor's  time  and  energies,  but  never- 
theless cannot  be  shirked. 

4.  Miscellaneous. — A  duty  of  the  governor,  not  much 
discussed  in  the  papers  of  the  day,  but  of  great  importance 
to  the  State,  is  his  committee  work.    The  governor  is  a 
member  of  the  following  eleven  boards  and  committees: 
Equalization,  University  and  School  Lands,  Trustees  of 
Public  Property,  Historical  Society,  Emergency  Commis- 
sion,   Auditing    Board,    Tuberculosis    Sanitarium    Board, 
Banking  Board,  Board  of  Pardons,  State  Conservation 


206  THE  STATE  GOVERNMENT  IN  ACTION 

Commission,  High  School  Board.  The  work  of  these 
boards  represents  some  very  vital  parts  of  the  executive 
work  of  the  State.  How  shall  certain  great  corporations 
be  assessed?  That  depends  solely  on  the  Board  of  Equali- 
zation, of  which  the  governor  is  chairman.  Shall  a  certain 
prisoner  be  hanged,  imprisoned  for  life  or  pardoned?  That 
depends  on  the  Board  of  Pardons,  of  which  the  governor  is 
chairman.  As  the  important  work  of  Congress  is  done  by 
committees,  so  also  is  much  important  administrative 
work  of  the  State  done  by  committees. 

The  law  of  the  State  makes  the  governor  the  sole  official 
organ  of  communication  with  other  States. 

Lieutenant  Governor. — The  lieutenant  governor  has 
the  same  qualifications  as  the  governor.  His  salary  is 
$1,000  a  year.  In  case  of  the  death  or  disability  of  the 
governor  the  powers  and  duties  of  the  office  devolve  upon 
the  lieutenant  governor.  He  is  president  of  the  senate, 
but  has  no  vote,  except  in  case  of  a  tie.  The  senate  has 
vested  in  him  the  important  duty  of  choosing  all  commit- 
tees of  the  senate,  just  as  the  speaker  of  the  house  chooses 
all  house  committees.  This  is  a  very  important  power. 

QUESTIONS  ON  THE  TEXT 

1.  State  the  general  executive  power  of  the  governor. 

2.  Compare  the  Federal  and  State  executives. 

3.  Name  the  elective  executive  departments  in  our  State. 

4.  Give  qualifications,  term,  and  salary  of  the  governor. 

5.  Classify  the  powers  of  the  governor  (four  classes). 

6.  State  in  full  his  powers  in  class  "1." 

7.  Has  the  governor  the  power  of  "pocket  veto"? 

8.  Classify  the  general  executive  powers  of  the  governor.    Illustrate 

each  class. 


THE  EXECUTIVE  207 

9.  How  many  persons  does  the  governor  appoint? 

10.  Explain  in  full  the  militia  system  of  our  State.     Distinguish 

between  militia  and  National  Guard. 

11.  How  may  the  governor  proceed  to  enforce  laws? 

12.  Give  examples  of  the  social  duties  of  the  governor. 

13.  State  in  full  the  miscellaneous  duties  of  the  governor. 

14.  What  are  the  functions  of  the  lieutenant  governor? 

QUESTIONS  SUGGESTED  BY  THE  TEXT 

1.  Who  is  governor  of  North  Dakota?    Lieutenant  governor? 

2.  Give   an    account   of  a  governor's  "reward"  leading  to  the 

capture  of  a  criminal. 

3.  Name  the  members  of  the  committee  on  appropriations  as 

selected  by  the  president  of  the  senate. 

4.  Has  the  governor  the  pardoning  power? 

5.  Make  a-  table  showing  (a)  candidates  for  governor,  last  elec- 

tion, and  (b)  vote  for  each  candidate. 

6.  Select  one  State  board  and  describe  'its  work  minutely. 

7.  In  what  way  can  the  governor  most  influence  for  good  the 

government  of  the  State? 

8.  What  qualities  make  the  best  governor? 

9.  To  what  extent  is  the  governor  responsible   for  lawbreaking 

in  your  county? 


CHAPTER  XVII 

THE  EXECUTIVE  (CONTINUED)— DEPARTMENTS  AND 
INSTITUTIONS 

Executive  and  Administrative  Departments. — The  full 
State  executive  consists  of  the  governor  as  chief  executive, 
and  in  addition,  eight  elective  departments  and  some  fifty 
or  more  boards,  commissioners,  etc. 

Eight  Executive  Departments. — The  eight  departments 
are  provided  for  in  the  constitution,  and  therefore  may  be 
considered  as  a  permanent  part  of  our  State  government. 
The  qualifications  for  office  in  any  of  these  departments 
are:  (1)  age,  twenty-five  years  or  over;  (2)  a  citizen  of  the 
United  States.  The  term  of  office  is  two  years.  The  salary 
is  the  same  for  each  department,  $3,000,  with  the  excep- 
tion of  the  attorney-general,  who  receives  $3,600,  and  the 
three  railroad  commissioners,  who  receive  $2,000  each. 
The  eight  departments  and  their  duties  are  as  follows : 

1.  State. — The  secretary  of  state  has  charge  of  the  rec- 
ords and  documents  of  the  State.  These  records  must  be 
accurate,  and  must  be  preserved  forever.  He  also  has 
charge  of  the  State  seal  which  must  be  affixed  to  certain 
important  papers  to  give  them  an  official  character.  Can- 
didates for  the  primary  election  nomination  to  Congress 
or  to  a  State  office  file  their  petitions  with  him.  He  certi- 
fies election  returns,  and  serves  on  several  very  important 

208 


THE  EXECUTIVE  209 

boards.  In  case  of  the  death  or  disability  of  both  the  gov- 
ernor and  lieutenant  governor  he  serves  as  governor  of  the 
State. 

2.  Auditor. — The   auditor  superintends   the    fiscal    af- 
fairs of  the  State,  and  may  indeed  be  called  the  bookkeeper 
of  the  State.    It  is  by  his  order  that  money  is  paid  out  by 
the  State  treasurer.    The  auditor  must  report  to  the  gov- 
ernor an  accurate  account  of  the  revenues  and  expenditures 
of  the  State.    A  great  deal  of  statistical  work  falls  to  this 
office,  since  the  State  board  that  assesses  the  railroads  and 
telephones  of  the  State  depends  on  the  auditor  for  the  sta- 
tistics on  which  to  base  its  work.    He  also  serves  on  the 
board  dealing  with  the  rental,  sale,  and  management  of 
the  State's  public  lands,  a  board  which  has  the  tremendous 
financial  responsibility  of  administering  money  and  lands 
amounting  to  forty  million  dollars. 

3.  Treasurer. — The  State  treasurer,  like  the  treasurer 
and  sheriff  of  a  county,  is  limited  to  two  consecutive  terms 
of  service.    This  is  one  check  upon  any  possible  dishonesty. 
He  must  give  a  bond  of  $500,000.    His  duty  is  to  keep  in 
his  charge  all  moneys  of  the  State.    For  all  money  received 
he  gives  duplicate  receipts.    And  he  pays  out  no  money  ex- 
cept on  a  signed  warrant  of  the  auditor.    Thus  auditor  and 
treasurer  are  a  check  upon  each  other.    The  State  does  not 
possess  a  " strong  box/'  as  does  the  Federal  government, 
for  the  safe-keeping  of  its  moneys.    Instead,  the  money  is 
distributed  over  the  whole  State,  being  deposited  in  banks 
which  furnish  adequate  security. 

4.  Education. — The  superintendent  of  public  instruction 
supervises  the  public  school  system  of  the  State.    His  duty 


210  THE  STATE  GOVERNMENT  IN  ACTION 

is  to  standardize  and  render  more  efficient  the  whole  sys- 
tem of  common  school  education.  He  prepares  the  ex- 
amination questions  for  use  in  county  teachers'  examina- 
tions. He  issues  and  may  revoke  State  certificates.  He 
prepares  the  course  of  study  for  the  common  schools. 
Rules  for  the  regulation  of  teachers'  institutes  are  prepared 
by  him,  and  the  conductors  of  these  institutes  are  chosen 
by  him  in  consultation  with  the  county  superintendent. 
He  cooperates  in  various  ways  with  county  superintend- 
ents and  strives,  with  their  assistance,  to  reach  and  benefit 
every  school  in  the  State.  He  furnishes  architectural  plans 
for  new  schoolhouses,  with  proper  heating,  ventilating,  and 
sanitary  provisions,  free  of  charge,  to  school  districts  de- 
siring to  build. 

5.  Insurance. — It  is  the  duty  of  the  commissioner  of  in- 
surance "to  see  that  all  laws  of  this  State  respecting  in- 
surance are  faithfully  executed."     To  protect  the  public 
against  bogus  and  fraudulent  insurance  companies,  it  is 
necessary  to  have  an  expert  official  give  his  time  to  this  one 
subject.    All  insurance  companies  wishing  to  do  business 
in  this  State  must  first  procure  the  necessary  licenses  or 
"  certificates,"  as  they  are  called,  and  must  make  a  clean, 
showing  as  to  their  financial  standing.    The  commissioner 
publishes  reports  showing  the  standings  of  the  various 
companies.    He  must  also  collect  the  tax  on  the  insurance 
companies — 2J  per  cent,  of  the  gross  amount  of  premiums 
received  in  the  State  during  the  preceding  year — before  he 
can  issue  the  annual  certificates. 

6.  Railroads. — The  State  railroad  commission  consists 
of  three  members.    Their  duty  is  to  see  that  the  State  laws 


THE  EXECUTIVE  211 

governing  railroads  are  obeyed;  that  railroads  do  not  dis- 
criminate between  shippers  and  between  different  towns 
similarly  situated,  and  that  prompt  and  efficient  service 
be  maintained  so  far  as  is  reasonable.  Of  course  that  part 
of  the  railroad  business  which  crosses  the  State  line  be- 
comes thereby  interstate  commerce  and  is  under  Federal 
control  only.  The  commission  has  power  to  receive  com- 
plaints, hold  meetings  in  different  localities  for  the  hearing 
of  evidence,  and  to  fix  rates.  The  district  courts  of  the 
State  are  empowered  to  issue  the  necessary  decrees  to  en- 
force the  rulings  of  the  commission.  The  rulings  must  be 
reasonable. 

7.  Law. — The  attorney-general  appears  for  and  repre- 
sents the  State  before  the  supreme  court.    He  defends  the 
State  in  actions  in  which  it  is  a  party.    He  must  give  ad- 
vice, when  asked,  to  the  other  State  officials,  and  to  the 
State's  attorneys  in  the  counties.     " Trusts,  pools,  and 
combinations"  are  singled  out  by  law  and  given  into  the 
watchful  care  of  the  attorney-general.    In  case  such  a  com- 
bine fixes  prices  contrary  to  law,  he  is  to  bring  suit  for  for- 
feiture of  its  charter,  rights,  and  franchises,  and  for  a  dis- 
solution of  its  corporate  existence.     The  prohibition  law 
also  depends  largely  on  this  official  for  its  full  enforcement. 
Two  assistants  are  provided  for  this  department,  that  the 
work  of  law  enforcement  may  be  more  thoroughly  done. 

8.  Agriculture  and  Labor. — The  commissioner  of  agri- 
culture and  labor  has  the  twofold  duty  of  promoting  agri- 
culture in  the  State  and  improving  the  welfare  of  labor. 
He  collects  and  publishes  statistics  concerning  the  hours 

and  wages  of  labor,  and  concerning  labor  unions.    He  pro- 
Govt.  No.  Dak.— 14 


212  THE  STATE  GOVERNMENT  IN  ACTION 

motes  immigration  into  the  State,  thousands  of  dollars 
being  used  annually  for  this  purpose.  He  makes  exhibits 
at  local,  State,  and  national  fairs,  setting  forth  to  the 
world  the  agricultural  and  industrial  resources  of  the  State. 
In  these  ways  he  encourages  the  settlement  of  the  State 
and  the  erection  of  new  homes  within  its  borders. 

Boards  and  Commissions. — An  increasing  amount  of  the 
State's  work  is  being  done  by  boards,  commissioners,  in- 
spectors, examiners,  and  experts  in  various  fields.  The 
constitution  has  limited  the  size  of  the  State  legislature, 
and  of  the  supreme  court,  but  there  is  no  limit  to  the  num- 
ber of  expert  administrative  boards .  The  number  of  boards , 
commissioners,  etc.,  is  growing;  there  were  19  in  1890;  26 
in  1900;  61  in  1910.  This  increase  means  that  the  State  is 
now  doing  for  us  many  things  which  we  formerly  did  for  our- 
selves or  left  undone.  Formerly,  for  example,  we  had  the 
privilege  of  going  to  the  meat  market  and  buying  embalmed 
beef  in  the  shape  of  sausage  and  bologna,  and  eating  and 
dying  thereof.  Now  we  have  pure  food  inspection.  The 
Pure  Food  Commissioner,  in  connection  with  the  Agricultural 
College  at  Fargo,  by  means  of  expert  chemists,  examines 
foods,  paints,  drugs,  liquors,  etc.,  to  detect  and  punish 
adulterations  and  false  labeling.  Formerly,  when  the 
farmer's  sheep  and  cattle  began  to  die  of  a  contagious 
disease,  he  awaited,  as  a  matter  of  fate  the  death  of  his 
own  and  his  neighbors'  live  stock.  Now  the  State  pro- 
vides a  Live  Stock  Sanitary  Commission,  which  by  means 
of  dipping  tanks  and  other  precautions  stops  at  once  the 
spread  of  disease  among  farm  animals.  Formerly  people 
living  in  villages  and  cities  often  suffered  scourges  of  ty- 


THE  EXECUTIVE 


213 


phoid  fever,  no  one  being  able  to  prevent  the  many  deaths. 
Now  the  water  or  the  milk  causing  the  disease  is  examined 
in  the  State  Public  Health  Laboratory  in  connection  with 
the  State  University  at  Grand  Forks,  and  the  warning  is 
given  in  time.  This  laboratory  is  of  service  to  the  doctors 
of  the  State  in  making  free  of  charge  a  correct  diagnosis 
of  contagious  and  other  diseases. 


State  Public  Health  Laboratory 

Space  is  lacking  to  describe  the  work  of  all  these  boards, 
or  even  to  give  all  their  names  in  this  place.  A  complete 
list  is  found  in  Appendix  E,  near  the  end  of  this  book. 
The  work  of  the  State  Board  of  Equalization  is  described 
in  detail  on  page"  305;  the  work  of  the  Board  of  University 
and  School  Lands  on  page  303. 

These  boards  are  of  three  distinct  types,  depending  on 
their  manner  of  selection:  (1)  Appointive  boards,  appointed 
by  the  governor.  An  example  of  this  type  is  the  Board  of 


214  THE  STATE  GOVERNMENT  IN  ACTION 

Trustees  of  the  State  Penitentiary,  the  five  members  of 
this  board  being  appointed  by  the  governor.  (2)  Ex  officio 
boards,  made  up  of  persons  who  are  members  by  virtue  of 
their  office.  An  example  of  this  type  is  the  State  Board  of 
Equalization,  composed  of  the  governor,  auditor,  treasurer, 
attorney-general,  and  the  commissioner  of  agriculture  and 
labor.  (3)  Mixed  boards,  composed  of  some  ex  officio  mem- 
bers and  some  appointive  members.  An  example  of  this 
type  is  the  State  Board  of  Health,  made  up  of  the  attorney- 
general  as  chairman  ex  offieio,  and  two  other  persons  cho- 
sen by  the  governor.  One  must  be  a  doctor,  and  is  known 
as  the  Superintendent  of  Public  Health. 

State  Institutions. — There  are  (1910)  fourteen  State  in- 
stitutions. They  are  each  governed  by  a  board  of  trus- 
tees appointed  by  the  governor.  The  typical  board  con- 
sists of  five  men,  with  a  term  of  office  of  four  years,  and  a 
salary  of  $3  a  day  and  expenses  for  the  time  actually  put 
in.  All  of  these  institutions,  except  three,  have  a  "land 
grant."  That  is,  the  State  set  aside  for  each  a  certain  num- 
ber of  acres  of  the  public  land  given  by  the  Federal  gov- 
ernment to  the  State.  The  grant  was  all  used  up  before 
all  the  institutions  had  been  established.  The  following 
table  shows  the  principal  facts  about  the  various  institu- 
tions : 

STATE  INSTITUTIONS 

NAME,  LOCATION,  AND  LAND  GRANT,  IF  ANY 

University  and  School  of  Mines   .     .  Grand  Forks  126,080  acres 

Agricultural  College        Fargo  130,000     " 

Penitentiary Bismarck 

Insane  Asylum      .......  Jamestown  20,000     " 


THE  EXECUTIVE  215 

Deaf  and  Dumb  School       ....  Devils  Lake  40,000  acres 

Reform  School Mandan  40,000  "' 

Normal Valley  City  50,000  " 

Normal Mayville  30,000  " 

Feeble-Minded  Institute     ....  Grafton 

Soldiers'  Home      ....."..  Lisbon  40,000  " 

Blind  Asylum        Bathgate  30,000  " 

State  Normal  and  Industrial  School  Ellendale  40,000  " 

School  of  Forestry Bottineau 

Science  School Wahpeton  40,000  " 

The  State  Capitol,  while  not  an  "institution,"  yet  has  a 
land  grant  of  82,000  acres,  to  be  used  towards  paying  ex- 
penses of  constructing  a  capitol  building. 

These  various  institutions  are  located,  not  by  law,  but 
by  the  State  constitution  itself.  No  new  institutions  can 
be  added  to  the  list  without  amending  the  constitution. 
Thus  an  amendment  to  the  constitution  to  locate  a  State 
normal  school  at  Minot  passed  the  legislature  in  1907  and 
again  in  1909,  as  the  law  requires.1 

The  running  expenses  of  the  State  institutions  amount 
to  $1,000,000  or  over,  a  year.  This  money  comes  from  two 
principal  sources:  from  general  taxation;  and  from  the  in- 
come of  the  land  grants  (rent  of  land  or  interest  on  the 
money  where  the  land  has  been  sold).  For  erecting  new 
buildings  the  State  levies  a  tax.  The  United  States  gov- 
ernment helps  bear  a  large  part  of  the  running  expenses  of 
the  Agricultural  College,  it  being  a  policy  of  the  govern- 
ment to  foster  scientific  agriculture  in  every  State. 

The  State  maintains,  as  shown  above,  seven  higher  edu- 
cational institutions.  Their  aim  is  to  serve  the  State  in 

1  This  was  submitted  to  the  people  in  the  regular  election,  Novem- 
ber, 1910,  and  carried. 


216  THE  STATE  GOVERNMENT  IN  ACTION 

various  ways,  duplicating  work  as  little  as  possible.  Thus 
the  State  University  and  School  of  Mines  furnishes  (1)  a 
liberal  education  in  all  the  branches  of  higher  learning, 
leading  to  general  culture  and  preparing  for  good  citizen- 
ship; (2)  special  professional  training  for  teachers  in  city 
schools,  lawyers,  doctors,  engineers  (civil,  mechanical, 


State  University,  Grand  Forks 

electrical,  mining,  and  sanitary),  and  for  bankers,  journal- 
ists, consuls,  and  business  men  generally.  The  Agricul- 
tural College  furnishes  (1)  training  to  young  men  and 
women  in  such  branches  of  learning  as  are  related  to  agri- 
culture and  mechanic  arts;  (2)  special  professional  training 
in  agriculture,  animal  husbandry,  farm  crops,  biologic 
science,  chemical  science,  domestic  science,  veterinary 
science,  pharmacy,  mechanical  and  civil  engineering. 
Both  the  University  and  Agricultural  College  have  four 
year  courses  of  study,  i.  -e.,  courses  running  four  years  be- 
yond the  high  school  course.  The  other  schools  have 
shorter  courses,  as  follows: 

The  normal  schools  have  a  two-year  course  above  the 


THE  EXECUTIVE  217 

high  school  grade,  and  furnish  training  of  such  a  nature  as 
to  equip  the  young  man  and  woman  for  teaching  in  the 
common  schools  of  the  State.  The  Academy  of  Science 
furnishes  instruction  in  science,  the  object  being  to  train 
skilled  workmen  in  the  most  practical  phases  of  applied 
science.  This  course  may  extend  three  years  beyond  the 


Agricultural  College,  Fargo 

high  school  course.  The  "  State  Normal  and  Industrial 
School,"  as  the  school  at  Ellendale  is  especially  called,  pro- 
vides instruction  in  wood  and  iron  work  and  in  general 
manual  training,  and  in  domestic  economy,  such  as  cook- 
ing, sewing,  etc.  The  School  of  Forestry  is  an  agricultural 
high  school,  emphasizing  especially  the  subjects  of  for- 
estry and  horticulture. 

The  work  of  the  other  institutions  is  indicated  by  their 
names.  They  are  such  institutions  as  are  to  be  found  in 
most  of  our  neighboring  States. 

QUESTIONS  ON  THE  TEXT 

1.  Name  the  parts  of  the  State  executive. 

2.  Name  the  elective  departments. 


218  THE  STATE  GOVERNMENT  IN  ACTION 

3.  Give  in  detail  the  work  of  each  of  the  eight  departments. 

4.  Describe  the  board  system  of  our  State,  and  its  growth. 

5.  Give  the  work  of  three  boards  or  commissions. 

6.  Make  out  a  list  of  all  the  present  boards,  commissions,  etc. 

7.  Name  and  describe  three  types  of  boards. 

8.  Give  name,  location,  and  land  grant  of  each  State  institution. 

9.  What  is  the  source  and  object  of  the  land  grant? 

10.  What  is  the  work  of  the  University?    The  Agricultural  College? 

11.  State  the  objects  of  the  other  educational  institutions. 

12.  How  are  State  institutions  supported?    What  do  they  cost? 

13.  How  are  these  institutions  governed? 

QUESTIONS  SUGGESTED  BY  THE  TEXT 

1.  Describe  in  detail  the  work  of  any  State  board.     (See  printed 

report  of  board.) 

2.  Name  the  members  of  the  board  of  equalization.     At  what 

figure  did  they  assess  the  telephone  lines  and  railway  lines 
in  your  county  last  year?  (See  their  last  annual  report.) 
What  other  property  in  your  vicinity  did  they  assess? 

3.  What  is  the   State   legislative   reference   library?    Show  the 

great  value  of  its  work. 

4.  Should  the  State  have  more  boards  and   commissions?     Is 

administrative  work  becoming  more  expert  in  its  nature? 

5.  Should  experts  be  appointed  or  elected?     Why? 

6.  If  appointed,  should  they  be  under  civil  service  rules? 

REFERENCES 

1.  "North    Dakota    Blue    Book"    (published  biennially  by  the 

secretary  of  state,  Bismarck). 

2.  Reports  published  by  the  State: 

a.  Governor's  Message.     Biennial. 

b.  Secretary  of  State's  Report.     Biennial. 

c.  Treasurer's  Report.     Annual. 

d.  Auditor's  Report.     Biennial. 

e.  Superintendent  of  Public  Instruction  Report.     Biennial. 

f.  Railroad  Commissioners'  Report.     Annual. 

g.  Insurance  Commissioners'  Report.     Annual. 


THE  EXECUTIVE  219 

h.  Commissioner  of  Agriculture  and  Labor  Report.     Biennial, 
i.  Attorney-General's  Report.     Biennial, 
j.  Reports  of  State  Institutions.     Annual, 
k.  Miscellaneous  Reports. 

State  Examiner.     Annual. 

Board  of  Equalization.     Annual. 

State  Veterinarian.     Annual. 

Agricultural   College   Experiment   Station.     Annual   and 
Special. 

Land  Commissioner.     Biennial. 

State  Engineer.     Biennial. 

Board  of  Pardons.     Biennial. 

Board  of  Health.     Biennial. 

Adjutant  General.     Annual. 

State  Geological  Survey.     Biennial. 

State  Historical  Society.     Biennial. 


CHAPTER  XVIII 
THE  LEGISLATURE 

"Sec.  25.  The  legislative  power  shall  be  vested  in  a  senate  and 
house  of  representatives." 

"Sec.  26.  The  senate  shall  be  composed  of  not  less  than  thirty  nor 
more  than  fifty  members." 

"Sec.  32.  The  house  of  representatives  shall  be  composed  of  not  less 
than  sixty  nor  more  than  one  hundred  and  forty  members."  North 
Dakota  Constitution. 

The  legislative  assembly  of  the  State,  like  Congress,  is 
composed  of  a  senate  and  a  house  of  representatives.  A 
biennial  session  is  held  at  Bismarck,  the  state  capital,  in 
each  odd-numbered  year.  The  date  of  meeting  is  the  first 
Tuesday  after  the  first  Monday  in  January.  The  session 
cannot  exceed  sixty  days  in  length. 

Members. — The  members  are  elected  by  the  qualified 
voters  in  the  regular  November  elections  in  the  even- 
numbered  years.  The  number  of  members  cannot  exceed 
one  hundred  and  ninety,  the  limit  set  by  the  constitution. 
The  senate  is  limited  to  fifty  members;  the  house  to  one 
hundred  and  forty.  Each  senator  is  elected  from  a  sena- 
torial district,  comprising  one  county  or  a  fraction  of  a 
county.  Each  of  these  districts  is  allowed  one,  two,  or 
three  representatives,  depending  upon  its  population. 
The  legislature  has  the  power  to  redistrict  the  State  at  any 

regular  session. 

220 


THE  LEGISLATURE  221 

The  qualifications  of  members  are  not  the  same  for  the 
two  houses.  A  senator  must  be  at  least  twenty-five  years 
old;  a  representative  twenty-one  years  old.  Both  must  be 
citizens,  and  must  be  residents  of  the  State  for  at  least 
two  years.  The  term  of  the  senator  is  four  years;  of  the 
representative,  two  years.  Thus  the  house  is  a  "new" 
house  every  two  years,  while  the  senate  is  half  new  and 
half  "  hold-over."  In  this  way  the  legislature  is  sure  to 
have  a  body  of  seasoned  men  at  every  session.  The  pay 
is  the  same  for  all  members,  $5  a  day,  and  10  cents  a  mile 
for  mileage  in  traveling  to  and  from  the  capital  by  the 
usual  route. 

The  quality  of  our  average  legislature — average  age  of 
members,  education,  occupation,  nationality,  etc.,  can  be 
seen  by  consulting  Appendix  F,  near  the  end  of  this  book. 
North  Dakota  more  than  once  has  had  one  house  of  the 
legislature  composed  of  members  a  majority  of  whom  were 
foreign  born — a  record  which  few  States,  if  any,  can  equal. 

Prohibitions  on  Legislation. — "  No  bill  for  the  appropria- 
tion of  money,  except  for  the  expenses  of  the  government, 
shall  be  introduced  after  the  fortieth  day  of  the  session, 
except  by  unanimous  consent  of  the  house  in  which  it  is 
sought  to  be  introduced."  Since  the  money  bills  intro- 
duced always  much  exceed  the  revenues  of  the  State,  this 
is  a  wise  provision,  and  does  much  to  secure  a  careful  con- 
sideration of  such  measures.  The  closing  days  of  a  session 
are  very  busy  days  indeed,  too  busy  for  the  consideration 
of  important  new  bills. 

No  local  or  special  laws  shall  be  passed  granting  a  person 
a  divorce,  giving  any  special  or  exclusive  franchise,  ex- 


222  THE  STATE  GOVERNMENT  IN  ACTION 

empting  property  from  taxation,  or  incorporating  cities. 
There  are  thirty-five  cases  named  in  the  constitution 
where  special  laws  cannot  be  passed.  These  subjects  must 
be  governed  by  general  laws.  And  in  all  other  cases  where 
a  general  law  can  be  made  applicable,  no  special  law  shall 
be  enacted.  Yet  Mr.  Bryce  tells  us  that  "Even  these  mul- 
tiform restrictions  (in  the  State  constitution)  on  the  State 
legislatures  have  not  been  found  sufficient.  Bitted  and 
bridled  as  they  are  by  the  constitution,  they  contrive  to 
do  plenty  of  mischief  in  the  direction  of  private  or  special 
legislation/7 1 

Organization  of  the  Two  Houses. — The  house  of  repre- 
sentatives elects  its  own  speaker.  The  senate  has  for  its 
presiding  officer  the  lieutenant  governor.  In  both  houses 
the  presiding  officer  appoints  all  standing  committees. 
In  the  senate  there  are  usually  about  forty  of  these  com- 
mittees, the  size  of  the  committee  varying  from  three  to 
seventeen  members,  according  to  the  needs  of  the  senate. 
Among  the  most  important  senate  committees  are  these: 
Appropriations,  Judiciary,  and  Education.  In  the  house 
there  are  usually  about  fifty  committees,  the  size  of  the 
committee  varying  as  in  the  senate.  Among  the  most  im- 
portant house  committees  are  these:  Ways  and  Means,  Ap- 
propriations, Judiciary,  and  Education. 

There  are  many  committees,  because  every  bill  intro- 
duced must  be  referred  to  an  appropriate  committee. 

Methods  of  Passing  a  Bill. — A  bill  is  a  carefully  pre- 
pared draft  of  a  proposed  law.  Any  bill  may  originate  in 
either  house  of  the  legislative  assembly,  and  a  bill  passed 

1  Bryce,  "American  Commonwealth,"  Vol.  I,  p.  471. 


THE  LEGISLATURE  223 

by  one  house  may  be  amended  by  the  other.  It  requires  a 
majority  of  the  members-elect  to  enact  a  bill  into  a  law. 
Each  bill  must  have  three  readings.  The  process  by  which 
a  bill  becomes  a  law  is  long  and  slow,  and  full  of  fatal  pit- 
falls for  most  bills.  They  "die  in  the  committee."  In  the 
first  place,  each  house  adopts  its  own  rules.  These  rules 
provide  an  order  of  business  for  the  day,  which  includes, 
among  a  dozen  other  things,  (1)  the  time  for  reports  of 
standing  committees;  (2)  the  time  for  the  introduction  of 
bills;  (3)  the  time  for  the  first  and  second  readings  of  bills; 
(4)  the  time  for  consideration  and  debate  of  bills.  Any 
member  may  introduce  a  bill,  when  the  proper  time  ar- 
rives for  the  introduction  of  bills.  The  usual  steps  in  the 
consideration  and  passage  of  a  bill  are  then  as  follows : 

(1)  First,  reading  in  full.    This  is  for  information,  and 
not  to  precipitate  discussion.    The  bill  must  then  pass  to 
its  second  reading,  which  may  be  done  the  same  day.    The 
second  reading  is  by  title,  a  mere  formal  step. 

(2)  The  presiding  officer  then  refers  the  bill  to  the  ap- 
propriate committee.    That  is,  the  bill  is  said  to  be  "  re- 
ferred." 

(3)  Action  by  the  committee.    The  bill  may  be  amended, 
pigeonholed,  or  reported  with  the  recommendation  that 
"it  do  pass,"  or  "it  do  not  pass."    If  the  committee  action 
is  favorable  the  bill  passes  on  to  the  fourth  stage,  namely : 

(4)  Action  by  the  house.    The  bill  goes  on  the  calendar, 
or  list,  of  bills,  and  awaits  its  turn  in  the  order  of  business. 
The  bill  is  then  debated,  and  goes  to  its  third  reading.    It  is 
passed  by  a  majority  vote  of  the  members-elect. 

(5)  All  bills  passed  by  one  house  are  sent  to  the  other 


224  THE  STATE  GOVERNMENT  IN  ACTION 

and  there  go  through  the  same  process.  In  case  of  amend- 
ments, the  bill  must  be  returned  where  it  originated  and 
the  amendments  agreed  to  by  both  houses  before  the  bill 
is  finally  passed.  The  presiding  officer  of  each  house  then 
signs  the  bill  and  it  is  sent  to  the  governor  for  his  approval. 
(6)  Action  by  the  governor.  The  bill  is 

(a)  Signed,  and  becomes  a  law;  or  is 

(b)  Not  signed,  but  sent  back  with  the  governor's  veto 
within  three  days,  and  passes  both  houses  again,  with  a 
two-thirds  majority,  and  becomes  a  law;  or  is 

(c)  Not  signed,  and  is  not  returned  to  the  legislature 
within  three  days,  and  becomes  a  law  (if  the  legislature  has 
adjourned,  the  governor  has  fifteen  days  in  which  he  may 
either  sign  or  veto  all  bills  left  with  him) . 

Rules. — The  rules  of  each  house  that  apply  to  this 
process  of  lawmaking  are  adopted  by  the  houses  them- 
selves and  may  be  changed  at  any  time  by  a  majority  of 
the  members.  But  in  any  event,  the  real  work  of  scruti- 
nizing bills  and  giving  to  them  careful  consideration  must 
be  done  in  committee.  There  is  no  time  for  thorough  de- 
bate on  each  bill  before  the  house,  when  the  number  of 
bills  introduced  average  ten  a  day,  and  the  daily  sitting 
of  each  house  begins  at  two  o'clock  in  the  afternoon,  as 
a  rule.  Hence  the  importance  of  committees  to  sift  and 
shape  legislation. 

Lobby. — A  committee  in  considering  an  important  bill 
often  finds  it  of  distinct  advantage  to  the  State  to  call  in 
experts  and  secure  their  opinions.  A  person  who  volun- 
tarily seeks  a  hearing  before  a  committee,  in  behalf  of  a 
bill  in  which  he  is  interested,  is  known  as  a  lobbyist.  The 


THE  LEGISLATURE  225 

person  or  corporation  engaging  the  services  of  a  lobbyist 
is  said  to  maintain  a  lobby  at  the  statehouse.  This  prac- 
tice is  common,  and  is  looked  upon  with  public  favor,  so 
long  as  the  lobbyist  uses  no  stronger  persuasion  than  ar- 
gument. Some  States  have  even  found  it  necessary  to 
pass  laws  regulating  the  subject  of  lobbying. 

Enacting  Clause. — The  enacting  clause  of  every  law  is, 
"Be  it  enacted  by  the  legislative  assembly  of  the  State  of 
North  Dakota." 

Emergency  Clause. — Acts  of  the  legislative  assembly 
take  effect  on  July  1,  after  the  close  of  the  session.  But 
if  an  emergency  exists,  and  it  is  so  expressed  in  the  act 
itself,  the  act  may  be  put  into  effect  at  once,  by  a  two- 
thirds  vote  in  each  house. 

Impeachment. — The  legislative  assembly  is  a  lawmak- 
ing  body.  Yet  it  has  one  judicial  function — that  of  im- 
peachment. The  house  has  the  sole  power  of  bringing  in 
the  charges  against  an  officer;  the  senate  tries  all  impeach- 
ment charges.  The  governor,  lieutenant  governor,  all 
State  officers,  the  supreme  court  judges,  and  all  district 
court  judges,  are  liable  to  impeachment.  When  the  gov- 
ernor or  lieutenant  governor  is  on  trial  for  impeachment 
charges,  the  presiding  judge  of  the  supreme  court  presides. 
If  the  impeached  person  is  convicted,  he  is  removed  from 
office  and  is  disqualified  to  hold  any  office  of  trust  or  profit 
under  the  State. 

Output  of  Legislation. — The  amount  of  business  on 
hand  with  the  legislature  is  very  great  indeed.  The  num- 
ber of  bills  introduced  usually  exceeds  seven  hundred.  In 
the  eleventh  legislative  assembly  (1909),  for  example, 


226  THE  STATE  GOVERNMENT  IN  ACTION 

there  were  379  house  bills  and  346  senate  bills,  a  total  of 
725  bills  introduced.  Of  these  250  passed  (102  house  bills 
and  148  senate  bills).  Of  those  passed,  238  became  laws, 
the  governor  vetoing  twelve  bills. 

Private  bills  are  passed  to  grant  relief  to  certain  indi- 
viduals in  case  they  have  just  claims  against  the  State, 
since  they  cannot  sue  the  State  in  the  courts.  Many  laws 
pertain  to  local  government  officers, — village  treasurers, 
clerks  of  civil  townships,  etc.  A  great  many  laws  amend 
existing  laws.  Laws  making  fundamental  changes  in  our 
systems  of  elections,  our  judiciary,  our  manner  of  lawmak- 
ing,  our  taxing  system,  and  other  fundamentals  of  good 
government  are  few,  and  come  slowly.  The  tendency  of 
the  legislature  is  to  go  slowly,  make  few  radical  changes, 
patch  up  and  improve  the  laws  we  have,  rather  than  to 
experiment  boldly  and  create  new  machinery  outright. 

Growing  Complexity  of  Legislation. — As  the  State  in- 
creases in  population,  as  corporations  multiply,  industries 
differentiate  and  enlarge,  and  as  new  social  problems  arise, 
the  work  of  legislation  becomes  more  scientific,  more  tech- 
nical. Economic  problems,  for  instance,  such  as  guaran- 
teeing bank  deposits,  the  income  tax,  the  regulation  of 
railroad  rates,  the  settlement  of  labor  disputes,  the  con- 
servation of  natural  resources,  and  many  others  equally 
difficult  of  final  settlement  confront  the  lawmaker.  To 
help  the  lawmaker  do  his  work  scientifically — get  at  all 
the  facts,  profit  by  the  experience  of  other  States,  and  avoid 
their  mistakes — the  State  has  provided  a  legislative  ref- 
erence library  in  charge  of  an  expert.  Laws  of  other 
States,  court  decisions,  statistics,  expert  reports,  and  fresh 


THE  LEGISLATURE  227 

up-to-date  reference  materials  of  all  kinds  are  there  kept 
on  file.  The  legislator  is  thus  enabled  to  approach  his 
work  more  intelligently  and  successfully  than  would  be 
possible  without  this  help. 

QUESTIONS  ON  THE  TEXT 

1.  Where  is  the  legislative  power  in  North  Dakota  vested? 

2.  What  is  the  limit  of  membership  of  each  house? 

3.  Give  facts  as  to  place,  date,  length  of  session. 

4.  Qualifications  of  members?    How  chosen?    Pay?    Term? 

5.  What  is  meant  by  "hold-over  senators"? 

6.  Quality  of  membership? 

7.  State  two  prohibitions  on  legislation. 

8.  Do  these  always  prohibit? 

9.  Describe  the  organization  of  the  two  houses. 

10.  Explain  the  committee  system  fully;  give  examples. 

11.  Give  the  general  method  of  passing  a  bill. 

12.  Trace  a  bill  through  the  process  of  legislation  (six  stages). 

13.  Explain  the  lobby;  criticize  it. 

14.  Explain  enacting  clause;  emergency  clause. 

15.  Describe  the  output  of  legislation. 

16.  What  is  the  legislative   reference  library?    Explain  its  work 

and  the  need  of  its  work. 

17.  Name  one  point  of  difference  between  the  committee  system 

of  the  State  senate  and  that  of  the  Federal  Senate. 

QUESTIONS  SUGGESTED  BY  THE  TEXT 

1.  Draw  a  map  of  your  senatorial  district.     Give  its  number. 

Names   of   members   of  legislative   assembly,   last   session, 
from  this  district. 

2.  Draw  a  map  and  locate  on  it  the  home  of  each  member  of  the 

senate  committee  on  appropriations,  last  session.     (See  last 
Blue  Book.) 

3.  Describe  the  legislative  reference  library  work  of  Wisconsin. 

4.  Arrange  a  table,  similar  to  that  in  Appendix  F,  for  the  last 

legislative  assembly. 
Govt.  No.  Dak.— 1 5 


228  THE  STATE  GOVERNMENT  IN  ACTION 


REFERENCES 

1.  "North  Dakota  Blue  Book." 

2.  "North   Dakota  Magazine,"  issued  by  commissioner  of   agri- 

culture and  labor. 

3.  "Rules    and  Committees,   Officers    and    Members,   Legislative 

Assembly,   State   of    North    Dakota."   (Pamphlet,   biennial, 
issued  by  legislative  assembly.) 

4.  "North  Dakota  Code,"  1905. 

5.  For  general  discussions,  see  the  following: 

Bryce,    "American    Commonwealth,"   Vol.    I,    pp.    647-652 

(Lobby) ;  also  Ch.  42. 
Hart,  "Actual  Government,"  Ch.  7. 


CHAPTER  XIX 

THE  JUDICIARY 

"  Sec.  85.  The  judicial  power  of  the  State  of  North  Dakota  shall  be 
vested  in  a  supreme  court,  district  courts,  county  courts,  justices  of  the 
peace,  and  in  such  other  courts  as  may  be  created  by  law  for  cities, 
incorporated  towns  and  villages."  North  Dakota  Constitution. 

In  every  State  there  are  at  least  three  grades  of  courts. 
In  our  State  they  are  classified  as  follows:  (1)  Supreme 
Court;  (2)  District  Courts;  (3)  Local  Courts. 

1.  Supreme  Court. — The  supreme  court  is  made  up  of 
five  judges  who,  according  to  the  constitutional  qualifica- 
tion, must  be  men  "learned  in  the  law."  A  judge  must  be 
at  least  thirty  years  of  age,  a  citizen  of  the  United  States, 
and  must  have  resided  in  the  State  three  years  next  pre- 
ceding his  election.  The  term  of  a  judge  is  six  years;  the 
salary  is  $5,000  a  year.  The  manner  of  choosing  judges  in 
this  court  and  in  the  district  courts  was  established  by  the 
"Nonpartisan  Judiciary  Act"  of  1909. l  According  to  this 
interesting  law  the  judges  who  are  candidates  for  nom- 
ination to  office  must  circulate  petitions  bearing  no  ref- 
erence to  a  party  ballot  or  to  the  party  affiliation  of  the 
candidate  for  such  nomination.  At  the  primary  election 
(for  the  nomination  of  all  congressional,  State,  and  local 
officers)  each  voter  is  given  a  small  separate  ballot,  called 
the  "  judiciary  ballot,"  bearing  no  party  designation,  but 

1  Laws  of  1909,  Ch.  82. 
229 


230  THE  STATE  GOVERNMENT  IN  ACTION 

containing  the  names  of  all  judges  who  are  candidates  for 
nomination.  In  this  nonpartisan  way  judges  receive  their 
nomination  to  office  directly  at  the  hands  of  the  people. 
At  the  general  election  in  the  fall,  the  names  of  the  judges 
who  have  been  nominated  at  the  primary  election  are 
again  placed  on  a  separate  " judiciary  ballot"  without 
party  designation.  And  in  this  nonpartisan  way  judges 
receive  their  election  to  office. 

Two  other  court  officers  complete  the  organization  of  the 
supreme  court,  the  clerk  and  the  court  reporter.  These 
officers  are  both  appointed  by  the  court,  and  hold  their 
office  during  the  pleasure  of  the  judges  of  the  court.  The 
duties  of  these  officers  are  important.  The  clerk  files  the 
documents  and  records  of  cases  tried  in  the  court,  procures 
the  necessary  seal,  stationery,  etc.,  for  the  court,  and  fur- 
nishes a  syllabus  of  cases  tried  to  such  daily  newspapers  of 
the  State  as  care  to  publish  the  same.  The  reporter's 
duties  are  very  different  from  those  of  the  clerk.  He  must 
prepare  the  court  decisions  for  publication  in  books  of  not 
less  than  five  hundred  and  fifty  pages.  These-  bound  re- 
ports are  then  distributed  by  the  secretary  of  state,  some 
being  given  free  to  State  officers,  and  the  rest  being  sold 
to  lawyers  and  to  the  public. 

The  supreme  court  meets  twice  a  year  at  Bismarck,  be- 
ginning in  April  and  October.  Special  meetings  can  be 
held  at  cities  other  than  Bismarck,  but  only  upon  twenty 
days'  previous  published  notice. 

If  any  vacancies  happen  in  the  office  of  judge  of  the 
supreme  court,  the  governor  fills  the  same  by  appointment, 
until  the  first  general  election  thereafter. 


THE  JUDICIARY  231 

Judges  may  be  removed  from  office  by  impeachment 
by  the  house  of  representatives  and  by  trial  and  conviction 
by  the  senate. 

2.  District  Courts. — The  constitution  provides  for  dis- 
trict courts  and  divides  the  State  into  six  judicial  districts. 
The  legislature,  however,  may  increase  the  number  of  such 
districts,  but  not  oftener  than  once  in  four  years.  The 
number  has  been  increased  from  time  to  time;  in  1907  it 
was  raised  to  ten.  A  person  to  be  eligible  to  the  office  of 
district  judge  must  be  " learned  in  the  law,"  be  at  least 
twenty-five  years  old,  a  citizen  of  the  United  States,  a 
resident  of  the  State  for  two  years,  and  a  resident  of  the 
district  for  which  he  is  elected.  He  is  elected  to  office  in 
the  same  manner  as  a  judge  of  the  supreme  court,  de- 
scribed above.  The  term  of  office  is  four  years;  the  salary 
is  $4,000. 

Comparison  with  Federal  Judiciary. — The  student  will 
recall,  at  this  point,  that  in  the  case  of  the  Federal  ju- 
diciary, all  judges  are  appointed  (not  elected);  their  term 
is  for  life  (not  four  or  six  years);  and  their  salary,  while 
low,  is  much  above  that  of  the  State  judges.  Bryce's 
criticism  on  this  subject  is  worth  while.  He  says: 

"Any  one  of  the  three  phenomena  I  have  described- 
popular  elections,  short  terms,  and  small  salaries — would 
be  sufficient  to  lower  the  tone  of  the  judiciary.  Popular 
elections  throw  the  choice  into  the  hands  of  the  political 
parties,  that  is  to  say,  of  wire  pullers  inclined  to  use  every 
office  as  a  means  of  rewarding  political  services,  and  gar- 
risoning with  grateful  partisans  posts  which  may  con- 
ceivably become  of  political  importance.  Short  terms 


232  THE  STATE  GOVERNMENT  IN  ACTION 

oblige  the  judge  to  remember  and  keep  on  good  terms  with 
those  who  have  made  him  what  he  is,  and  in  whose  hands 
his  fortunes  lie.  They  induce  timidity,  they  discourage 
independence.  And  small  salaries  prevent  able  men  from 
offering  themselves  for  places  whose  income  is  perhaps 
only  one  tenth  of  what  a  leading  barrister  can  make  by 
private  practice."  l 

In  this  State,  however,  the  nonpartisan  judiciary  bal- 
lot will  do  much,  it  is  hoped,  to  make  the  judges  independ- 
ent of  politics.  And  while  it  is  unfortunately  true  that  the 
salaries  of  judges  are  far  below  the  remuneration  received 
by  leading  lawyers,  yet  the  office  is  held  in  such  high  es- 
teem that  it  attracts  the  highest  talent. 

Local  Courts. — The  local  courts  are  of  three  kinds, 
county  courts,  justice  courts,  and  municipal  courts. 
County  judges  and  justices  of  the  peace  are  elected  by  the 
voters  for  a  term  of  two  years.  The  salary  of  the  county 
judge  varies  from  $300  to  $1,800,  depending  on  the  as- 
sessed valuation  of  the  county.  The  justice  of  the  peace 
receives  fees  for  his  work,  instead  of  a  salary.  There  is 
one  county  judge  for  each  county.  The  number  of  jus- 
tices of  the  peace  is  as  follows :  two  for  each  civil  township  ; 
four  for  each  county;  one  for  each  village;  and  one  for 
each  city. 

In  each  municipality  there  is  elected  by  the  voters  a 
police  magistrate,  who  is  ex  officio  justice  of  the  peace. 

The  jurisdiction  and  work  of  these  various  courts — 
supreme,  district,  and  local — will  be  considered  in  the 
following  chapter. 

1  Bryce,  "American  Commonwealth,"  Vol.  I,  p.  485. 


THE  JUDICIARY  233 


QUESTIONS  ON  THE  TEXT 

1.  Construct  a  table  showing  (1)  names  of  courts,  (2)  qualifica- 

tions of  judges  in  each  court,   (3)   term,   (4)  how  chosen, 
(5)  salary. 

2.  Describe  fully  the  organization  of  the  supreme  court. 

3.  Explain  the  Nonpartisan  Judiciary  Act  of  1909. 

4.  What  is  the  duty  of  the  court  reporter?     Clerk? 

5.  How  are  vacancies  in  the  supreme  court  filled? 

6.  How  are  judicial  districts  (for  the  district  court)  created? 

7.  Describe  fully  the  organization  of  a  district  court. 

8.  Compare  State  supreme  and  district  courts  with  Federal  courts. 

9.  State  Bryce's  criticism.    Does  this  criticism  apply  to  our  State? 
10.  Describe  three  kinds  of  local  courts.     How  are  local  judges 

paid? 

QUESTIONS  SUGGESTED  BY  THE  TEXT 

1.  In  which  judicial  district  do  you  live?     Draw  a  map  of  it. 

Who  is  the  judge? 

2.  Name  the  supreme  court  judges. 

3.  How  is  the  Chief  Justice  chosen  in  this  State?     (See  Art.  92  of 

the  constitution.) 

4.  Who  is  your  present  county  judge? 


REFERENCES 

1.  "North  Dakota  Code,"  1905. 

2.  "Session  Laws  of  North  Dakota,"  1907,  1909. 

3.  For  a  general  discussion,  see  either  of  the  following: 

Hart,  "Actual  Government,"  Ch.  9. 

Bryce,  "American  Commonwealth,"  Vol.  I,  Ch.  42. 


CHAPTER  XX 

ADMINISTRATION  OF  JUSTICE 

"We  often  hear  disparaging  remarks  concerning  the  law,  but  a 
knowledge  of  it  impresses  one  with  its  greatness,  importance,  fairness, 
and  wisdom.  The  Anglo-Saxon  civil  and  criminal  procedure  is  the 
result  of  centuries  of  development  and  years  of  warfare  and  struggle. 
It  is  the  bulwark  of  our  liberties,  and  is  deserving  of  our  highest  respect, 
even  though  justice  at  times  may  seem  to  miscarry  or  result  in  the 
acquittal  of  some  person  whom  the  community  believes  to  be  guilty." 
McVEY,  "Government  of  Minnesota,"  p.  126. 

The  constitution  of  the  State  has  created  the  judicial 
system  of  the  State,  leaving  to  the  legislature  the  work  of 
creating  additional  courts  for  cities,  when  necessary,  and 
the  work  also  of  establishing  an  orderly  method  of  pro- 
cedure. While  the  details  of  organization  and  the  methods 
of  procedure  may  look  complex  to  the  ordinary  student, 
yet  there  are  but  a  few  simple  principles  of  law  involved. 
The  property  of  each  individual  must  be  respected.  This 
truth  was  stated  by  Lincoln  in  these  clear  words:  "Let  not 
him  who  is  houseless  pull  down  the  house  of  another,  but 
let  him  work  diligently  and  build  one  for  himself,  thus  by 
example  assuring  that  his  own  shall  be  safe  from  violence 
when  built."  l  The  life  of  each  person  must  be  protected. 
And,  finally,  the  peace  and  dignity  of  the  State  must  be 
preserved.  The  executive  branch  of  government  cannot 

1  Nicolay  and  Hay,  "Complete  Works  of  Abraham  Lincoln"  (Gettysburg 
Edition),  Vol.  X,  p.  54.    ' 

234 


ADMINISTRATION  OF  JUSTICE  235 

arbitrarily  enforce  the  laws  which  have  been  enacted  to  pro- 
tect the  life  and  property  of  persons,  the  peace  and  dignity  of 
the  State.  The  courts  must  be  used  for  the  determination 
of  what  is  just  and  for  the  administration  of  justice. 

The  two  kinds  of  cases  that  come  before  the  courts  are 
known  as  (1)  civil  actions,  and  (2)  criminal  actions. 

Civil  actions  are  those  involving  the  keeping  of  contracts, 
the  payment  of  wages,  and  other  private  matters. 

Criminal  actions  are  those  brought  against  a  person  for 
committing  some  crime.  A  crime  is  defined  by  statute  as 
a  public  offense  or  an  act  committed  or  omitted  in  Viola- 
tion of  law  and  for  which  the  punishment  is  death,  im- 
prisonment or  fine,  or  other  penal  discipline.  The  two 
classes  of  crimes  are  felonies  (punished  with  death  or  im- 
prisonment in  the  penitentiary)  and  misdemeanors  (all 
other  crimes). 

The  organization  of  the  courts  we  have  seen  in  the  pre- 
ceding chapter.  Let  us  now  turn  to  an  examination  of  the 
courts  at  work.  We  shall  examine  the  three  grades  of 
courts  in  order,  from  lowest  to  highest. 

1.  Local  Courts. — There  are  various  grades  of  local 
courts  to  settle  petty  cases  and  to  give  preliminary  hear- 
ings to  more  important  cases.  Such  important  cases  as 
are  of  a  criminal  nature  are  then  "bound  over,"  as  a  usual 
thing,  for  the  district  court.  That  is,  the  accused  person  is 
placed  under  a  "bond,"  signed  by  responsible  parties, 
guaranteeing  his  appearance  at  the  stated  time  before  the 
higher  court.  If  he  forfeits  his  bond  or  "bail"  as  it  is  also 
Called,  by  running  away,  or  otherwise  refusing  to  appear, 
the  money  named  in  the  bond — usually  a  large  amount— 


236  THE  STATE  GOVERNMENT  IN  ACTION 

must  be  paid  over.  If  the  person  accused  of  a  crime  can- 
not give  financial  security  or  "bail,"  he  must  go  to  jail  and 
wait  till  the  regular  time  for  his  trial. 

The  legislature  may  create  local  courts  for  cities,  incor- 
porated towns  and  villages,  in  addition  to  those  provided 
in  the  constitution.  Up  to  the  present  time,  however, 
there  are  but  three  grades  of  local  courts,  as  follows: 

A.  Justice  of  the  Peace  Courts. — A  justice's  court  is 
deemed  to  be  always  open,  and  every  judicial  act  of  a 
justice  is  deemed  to  be  the  act  of  the  court.    The  juris- 
diction of  the  justice  extends  to  petty  civil  and  criminal 
actions.     In  civil  actions  justices  have  jurisdiction  when 
the  amount  in  controversy  does  not  exceed  two  hundred 
dollars.    They  have  no  power  to  deal  with  cases  involving 
the  boundaries  or  titles  to  real  estate.    This  is  a  matter  for 
the  district  court.    In  criminal  actions  the  jurisdiction  of 
justices  is  county-wide,  and  extends  to  all  offenses  pun- 
ishable by  a  fine  not  exceeding  one  hundred  dollars  or  by 
imprisonment  in  the  county  jail  for  not  over  thirty  days, 
or  by  both  such  fine  and  imprisonment. 

Justices  of  the  peace  also  have  authority  to  perform 
marriage  ceremonies. 

B.  Police  Court. — The  police  magistrate  of  a  city  is  ex 
officio  justice  of  the  peace.     He  has  exclusive  jurisdiction 
of  all  offenses  against  the  ordinances  of  the  city.     In  all 
other  petty  civil  and  criminal  actions  he  has  concurrent 
jurisdiction  with  the  justices  of  peace  of  the  county. 

There  is  also  in  each  city  a  city  justice  of  the  peace,  with 
the  same  powers  and  jurisdiction  as  a  justice  of  the  peace 
in  the  county. 


ADMINISTRATION  OF  JUSTICE  237 

C.  County  Court. — The  county  court  is  sometimes 
spoken  of  as  a  probate  court.  The  jurisdiction  of  this 
court  extends  to  (1)  the  probating  of  wills;  (2)  settlement 
of  the  estates  of  deceased;  (3)  appointment  of  guardians. 
This  court  also  has  the  power  to  grant  marriage  licenses  and 
to  perform  marriage  ceremonies.  Where  a  deceased  per- 
son has  left  a  will,  it  is  the  duty  of  the  county  judge  to  see 
that  all  debts  of  the  deceased  are  paid,  and  to  divide  the 
remaining  property  among  those  designated  in  the  will. 
If  the  will  is  not  contested  in  court,  this  is  a  simple  and 
formal  process.  If  there  is  no  will,  the  county  judge  ap- 
points an  administrator  to  pay  outstanding  claims  against 
the  property.  The  balance,  if  any,  is  divided  according 
to  the  law  of  the  descent  of  property.  In  case  a  deceased 
person  leaves  an  estate  worth  $25,000  or  over,  and  there 
are  no  direct  heirs,  the  county  judge  must  see  that  the 
State  inheritance  tax  of  two  per  cent,  is  paid  to  the  State 
treasurer. 

County  Courts  of  Increased  Jurisdiction  are  found  in 
some  counties.  Where  a  county  has  a  population  of  over 
two  thousand,  the  electors  by  a  majority  vote  may  have 
the  jurisdiction  of  their  county  court  increased  to  include 
many  cases  otherwise  going  to  the  district  courts.  In  this 
case  the  requirements  of  the  office  of  county  judge  are 
raised  and  likewise  the  salary  of  the  office. 

2.  The  District  Courts. — A  general  jurisdiction  is  con- 
ferred on  the  district  courts  by  the  constitution.  They 
have  power  to  hear  and  determine  all  civil  actions  and  pro- 
ceedings and  all  cases  of  crimes  and  misdemeanors  of  every 
kind.  They  have  both  appellate  and  original  jurisdiction; 


238  THE  STATE  GOVERNMENT  IN  ACTION 

appellate,  in  some  petty  cases  appealed  from  the  lower 
courts;  original,  in  cases  begun  in  the  district  court.  The 
general  statement  may  be  made  here  that  all  the  ordinary 
cases  of  importance — such  as  trial  of  horse  thieves,  burglars, 
and  the  like,  divorce  actions,  murder  cases,  "blind  pig7' 
cases  and  other  cases  involving  the  prohibitory  law — are 
tried  in  the  district  courts.  It  is  in  this  court  that  we 
first  meet  the  jury — that  body  of  "  twelve  good  men  and 
true/'  dear  to  the  Anglo-Saxon  heart.  These  courts  are 
not  entirely  confined  to  the  decision  of  cases;  they  also 
issue  writs  of  many  kinds,  the  four  following  being  very 
common  examples: 

A.  Habeas  Corpus. — A  writ  of  habeas  corpus  is  an  order 
issued  by  the  court  (i.e.,  the  judge)  directing  whoever  may 
have  a  person  in  custody  to  produce  such  person  before 
the  court  and  state  the  reasons  for  his  arrest  and  deten- 
tion.   If  there  is  no  law  for  such  arrest  and  detention,  the 
person  must  be  set  free.    From  the  time  of  Magna  Charta 
it  has  been  a  principle  of  law  that  a  prisoner  has  the  right 
to  demand  this  writ  from  the  court. 

B.  Mandamus. — A  writ  of  mandamus  is  an  order  to 
compel  a  public  officer  to  do  his  duty,  which  he  has  refused 
to  do. 

C.  Injunction. — A  writ  of  injunction  is  an  order   of  the 
court  commanding  a  person  to  do  or  not  to  do  a  certain 
thing, — for  instance,  not  to  move  a  certain  building  till 
the  title  to  it  is  settled.    In  labor  disputes  the  injunction  is 
sometimes  used  to  prevent  a  striker  from  interfering  with 
the  men  at  work  or  from  trespassing  on  the  property  of  a 
corporation.    The  injunction  may  be  temporary  or  perma- 


ADMINISTRATION  OF  JUSTICE  239 

nent.  Before  it  is  made  permanent  the  judge  gives  both 
sides  a  chance  to  appear  before  him  and  show  cause  why 
it  should  and  why  it  should  not  be  made  permanent.  If 
the  injunction  is  violated,  the  offense  constitutes  contempt 
of  court,  and  the  judge  may  hear  the  evidence,  convict, 
and  punish  accordingly.  This  is  a  very  important  and  a 
very  necessary  power  in  the  hands  of  a  judge,  and  abuse 
of  it  by  the  judge  has  been  infrequent.  Critics  of  this 
writ,  however,  call  it  " government  by  injunction,"  since 
the  issuing  judge  is  lawmaker,  judge,  and  jury  combined. 

D.  Quo  Warranto  (literally,  "by  what  warrant"). — This 
writ  is  an  order  of  the  court  compelling  a  corporation  to 
show  whether  it  is  acting  within  its  rights  or  authority. 

3.  The  Supreme  Court. — The  jurisdiction  of  the  supreme 
court  is  almost  entirely  appellate.  There  is  no  jury  in  this 
court.  Questions  of  fact  must  be  settled  in  the  courts  be- 
low, and  be  agreed  on  by  the  parties  before  the  supreme 
court.  This  leaves  to  the  supreme  court  the  duty  of  de- 
ciding questions  of  law  only, — for  instance,  is  a  certain 
bond  issue  of  a  city  legal?  Or  does  the  law  give  a  county 
board  of  equalization  power  to  assess  a  bank?  Or  has  the 
trial  of  a  certain  person  accused  of  murder  been  conducted 
at  every  step  in  the  court  below  according  to  the  law? 

In  addition  to  its  appellate  jurisdiction,  the  supreme 
court  has  original  power  to  issue  various  writs  in  cases  of 
strictly  public  concern,  affecting  the  sovereign  rights  of 
the  State.  It  also  superintends  inferior  courts,  and  in  this 
work  may  issue  such  original  and  remedial  writs  as  may 
be  proper. 

The  decision  of  the  supreme  court  of  the  State  is  final, 


240  THE  STATE  GOVERNMENT  IN  ACTION 

and  the  case  can  go  no  higher,  unless  it  can  be  shown  that 
some  Federal  question  is  involved.  But  if  the  student 
will  read  again  the  Fourteenth  Amendment  (first  section) 
to  the  Federal  Constitution,  he  will  see  how  easy  it  is  to 
find  a  " Federal  principle"  involved  in  most  State  cases. 

The  Jury  System. — In  this  State,  as  elsewhere,  there  are 
two  kinds  of  juries,  Grand  and  Petty  (names  from  the 
French  language,  grand  meaning  "  large,"  and  petit  mean- 
ing "  small"). 

1.  Grand  Jury. — The  statute  defines  and  explains  the 
grand  jury  as  follows:  "A  grand  jury  is  a  body  of  men, 
consisting  of  not  less  than  sixteen  nor  more  than  twenty- 
three  persons  of  the  county,  possessing  the  qualifications 
prescribed  by  law,  and  impaneled  and  sworn  to  inquire 
into  and  true  presentment  make  to  the  district  court  of 
all  crimes  or  public  offenses  against  the  laws  of  this  State 
committed  or  triable  within  the  county  or  judicial  subdivi- 
sion for  which  this  court  is  holden." 

This  jury  meets  when  called  by  the  district  judge,  and 
makes  a  secret  investigation.  If  at  least  twelve  of  these 
men  are  satisfied,  after  a  careful  investigation  and  exam- 
ination of  witnesses,  that  the  law  has  been  broken,  they 
make  a  formal  accusation  known  as  a  presentment  or  an 
indictment  of  the  supposed  guilty  party.  He  is  then 
brought  to  public  trial  before  the  petty  jury,  and  his  guilt 
or  innocence  proved. 

The  district  judge  must  call  the  grand  jury 

(1)  When  he  deems  it  necessary. 

(2)  When  the  county  commissioners  where  the  court  is 
held  so  request  him  in  writing. 


ADMINISTRATION  OF  JUSTICE  241 

(3)  When  a  petition  in  writing  is  presented  to  him 
signed  by  ten  per  cent,  of  the  voters  of  the  county. 

The  grand  jury  is  not  in  general  use  in  the  State.  In 
some  counties  it  is  very  rarely  called  into  service. 

2.  The  Jury. — The  petty  jury  is  usually  known  as  merely 
the  jury,  and  is  in  universal  use  in  all  the  district  courts  of 
the  State.  Names  of  qualified  taxpayers  are  selected, 
placed  in  a  box,  and  shaken  up.  Names  are  then  drawn 
out.  The  list  thus  drawn  constitutes  the  jury.  When  a 
case  has  been  tried  before  a  jury,  the  twelve  men  retire  to 
the  jury  room  and  come  to  a  discussion.  Their  verdict 
must  be  unanimous.  The  unit  rule  is  peculiar  to  the  courts 
of  England  and  the  United  States.  However,  many  States 
have  now  modified  this  rule  as  to  civil  cases, — for  instance, 
California  requires  three  fourths;  Montana  two  thirds; 
South  Dakota  three  fourths.1 

Criticism  of  Jury  System. — While  the  jury  system  seems 
well  established  in  this  State  and  Nation,  there  are  many 
imperfections  in  it.  Matter  is  often  put  before  a  jury 
which  only  an  expert  could  decide.  One  writer  has  said 
that  "many  juries  have  been  influenced  more  by  sym- 
pathy than  facts;  attorneys  know  that  a  widow,  especially 
if  she  be  beautiful,  has  a  case  against  a  corporation  prac- 
tically won  if  it  goes  to  the  jury." 

Perhaps  we  can  do  no  better  in  this  connection  than 
quote  the  arguments  for  and  against  the  jury  system, 
made  by  Dole  in  his  excellent  work  "Talks  About  Law."  2 

1  Phillips,  John  B.,  "Modifications  of  the  Jury  System."     In  "  University 
of  Colorado  Studies,"  Vol.  II,  No.  4,  June,   1905;  reprinted  from   "Green 
Bag,"  Vol.  XVI,  No.  8,  August,  1904. 

2  Dole,  "Talks  About  Law,"  pp.  77,  83. 


242  THE  STATE  GOVERNMENT  IN  ACTION 

"It  may  be  safely  given  as  the  almost  unanimous  opin- 
ion of  Bench  and  Bar  that  there  is  no  other  system  of  trials 
now  in  use  that  is  subject  to  as  much  delay,  inconvenience, 
vexation,  expense,  and  uncertainty  as  the  jury  system. 
Although  it  has  been  claimed  as  one  of  the  chief  ornaments 
of  the  common  law,  the  common  law  manifested  its  want 
of  confidence  in  it  by  sending  a  large  class  of  cases — the 
most  complicated  ones,  and  often  those  involving  the  larg- 
est amounts — to  auditors;  by  making  the  admission  of  the 
least  fragment  of  incompetent  testimony  ground  for  set- 
ting a  verdict  aside;  and  by  giving  to  its  judges  power  to 
annul  verdicts  if,  in  their  opinion,  contrary  to  law,  con- 
trary to  evidence,  founded  on  mistake,  passion,  or  preju- 
dice, or  even  if  they  think  the  damages  awarded  exorbi- 
tant." 

But  the  jury,  made  up  as  it  is  of  poor  men,  of  the  "  com- 
mon people,"  has  much  to  be  said  in  its  favor.  To  quote 
Dole: 

"Trial  by  jury  has  deserved  much  of  the  praise  bestowed 
upon  it.  It  was  a  great  advance  upon  trial  by  ordeal  and 
trial  by  battle  which  it  superseded.  It  accomplished  un- 
told good  in  times  when  judges  were  the  servile  tools  of 
royal  power.  It  has  been  called  the  palladium  of  our  lib- 
erty, and  not  seldom  the  independence  and  fearlessness  of 
juries  presented  an  impassable  barrier  to  the  attempts  of 
the  crown  upon  the  liberties  of  the  subject.  Indeed,  had 
it  not  been  for  the  trial  by  jury  we  should  not  be  the  free 
people  that  we  now  are;  and,  as  human  nature  is  the  same 
in  all  ages  and  everywhere,  as  history  repeats  itself  in  sub- 
stance if  not  in  form,  as  enormously  rich  individuals  and 


ADMINISTRATION  OF  JUSTICE  243 

corporations  arc  fast  becoming  the  successors  to  monarchs 
in  power,  it  is  not  at  all  clear  that  this  cumbersome,  ex- 
pensive, and  uncertain  method  of  trial  can  ever  be  safely 
dispensed  with,  and,  with  proper  care  in  the  selection  of  jury- 
men, it  might  perhaps  be  made  a  means  of  doing  as  much 
justice  and  as  little  injustice,  as  is  consistent  with  human 
imperfections." 

Judicial  Procedure. — Without  tracing  in  great  detail 
the  course  of  an  action  before  the  courts,  let  us  now  ex- 
amine the  main  features  in  our  judicial  procedure. 

1.  A  Criminal  Action. — The  person  suspected  of  com- 
mitting a  crime  is  arrested,  and  taken  before  a  magistrate, 
usually  a  justice  of  the  peace.  If  this  magistrate  does  not 
have  jurisdiction  to  try  the  case,  the  prisoner  is  committed 
to  jail,  or  admitted  to  bail,  to  await  the  session  of  the  dis- 
trict court.  Here  the  prisoner  is  asked  if  he  is  guilty.  He 
then  enters  a  plea  of  either  " guilty"  or  "not  guilty." 
If  he  pleads  guilty,  the  judge  sentences  him.  But  if  he 
has  pleaded  not  guilty,  he  is  entitled  to  a  trial  by  jury. 
If  the  accused  is  poor  or  friendless  and  has  no  lawyer  to 
defend  him,  the  judge  appoints  a  counsel,  at  the  expense 
of  the  county.  The  accused  has  a  right  of  counsel  which 
is  thus  respected.  Witnesses  (if  there  be  any)  are  com- 
pelled to  come  before  the  court  and  testify.  At  the  con- 
clusion of  the  trial,  the  judge  makes  a  charge  to  the  jury,— 
that  is,  he  states  clearly  to  them  the  laws  that  apply  and 
how  they  apply  to  such  cases,  but  he  does  not  seek  to  in- 
fluence their  opinion  of  the  facts.  They  alone  are  to  judge 
of  the  facts.  For  example,  the  prisoner  may  be  accused 

of  manslaughter:  the  judge  sets  forth  clearly  the  law  de- 
Govt.  No.  Dak. — 16 


244  THE  STATE  GOVERNMENT  IN  ACTION 

fining  manslaughter;  the  jury  decide  whether  the  facts 
produced  prove  manslaughter  as  the  law  defines  it.  The 
jury  brings  back  a  verdict  of  " guilty"  or  "not  guilty ;" 
If  the  jury  cannot  agree,  a  new  trial  must  be  had  before  a 
new  jury.  If  not  guilty,  the  prisoner  is  set  at  liberty  at 
once.  If  guilty,  the  judge  sentences  him,  within  a  day  or 
two,  to  the  punishment  which  the  law  prescribes.  If 
there  are  mitigating  circumstances,  the  judge  will  pro- 
nounce the  minimum  penalty;  if  there  are  aggravating 
circumstances  he  will  usually  pronounce  the  maximum 
penalty  for  the  crime.  When  the  death  sentence  is  ren- 
dered by  the  judge,  he  must  sign  a  warrant  so  stating,  and 
setting  the  date  of  execution,  which  day  must  be  not  less 
than  six  months  off  and  not  more  than  nine.  Executions 
in  North  Dakota  are  by  hanging,  the  punishment  being 
inflicted  within  the  walls  of  the  penitentiary  at  Bismarck. 

The  prisoner  throughout  a  trial  is  presumed  to  be  in- 
nocent till  proved  guilty.  If  the  verdict  is  " guilty"  he 
may  appeal  the  case  to  the  supreme  court.  The  innocent 
man  has  every  chance  to  prove  his  innocence.  So  many 
safeguards,  indeed,  have  been  thrown  around  him,  that 
even  the  guilty  man  may  sometimes  escape  justice  by 
taking  advantage  of  them. 

2.  A  Civil  Action. — A  civil  action  is  much  different  from 
a  criminal  action,  for  the  party  against  whom  the  suit  is 
brought — the  defendant — cannot  be  punished  with  death, 
imprisonment,  or  fine.  The  action  against  him  is  brought 
by  a  "  plaintiff,"  whose  grievance  is  usually  a  financial  one, 
such  as  the  breaking  of  a  contract,  claims  to  property,  or 
the  like.  Differences  of  this  kind  are  brought  into  court, 


ADMINISTRATION  OF  JUSTICE  245 

not  by  the  arrest  of  a  party,  but  by  serving  notice  on  him 
called  a  "  summons."  If  the  defendant  does  not  answer 
within  twenty  days,  the  court  awards  the  judgment  to 
the  plaintiff.  If  an  answer  is  filed,  it  creates  an  issue  for 
the  jury  to  settle.  The  jury  determines  the  right  of  each 
party,  and  in  case  money  is  due,  the  amount  to  be  paid. 

New  Trial  and  Appeal. — The  party  aggrieved  is  entitled 
to  have  a  new  trial, — i.  e.,  a  reexamination  by  the  same 
court,—  if  there  has  been  any  irregularity  in  the  proceed- 
ings, any  misconduct  of  the  jury,  any  newly  discovered 
evidence,  if  the  damages  awarded  have  been  excessive, 
due  to  passion  or  prejudice,  if  there  has  been  any  error 
made  by  the  judge  in  his  rulings,  or  if  the  judge  himself 
orders  a  new  trial.  Twenty  days  only  are  allowed  in  which 
to  apply  for  a  new  trial. 

The  criticism  is  sometimes  made  that  a  new  trial  may 
be  obtained  too  easily,  and  in  this  way  a  rich  litigant,  such 
as  a  big  corporation,  may  wear  out  a  poor  man  by  pro- 
tracting the  litigation  unduly.  To  illustrate:  The  lawyer 
is  examining  a  witness.  He  may  ask  the  question,  "Did 
you  receive  a  letter  on  such  and  such  a  day?"  The  op- 
posing lawyer  may  object  'to  the  witness  answering  this 
question,  on  the  ground  that  it  is  not  proper  evidence. 
The  judge  must  rule  for  or  against  the  admission  of  the 
evidence.  If  he  rules  for  its  admission,  the  lawyer  of  the 
opposition  .will  announce  his  " exception"  to  the  ruling. 
In  the  course  of  a  long  trial  the  judge  must  make  many 
such  rulings.  He  may  by  mistake  make  a  ruling  admitting 
or  not  admitting  evidence,  contrary  to  the  law  governing 
judicial  procedure.  If,  therefore,  the  judge  refuses  to  grant 


246  THE  STATE  GOVERNMENT  IN  ACTION 

a  new  trial,  the  lawyer  may  appeal  to  the  supreme  court  on 
the  ground  of  the  error  made  by  the  trial  judge.  The 
supreme  court  will  then  go  over  the  record  of  the  case 
thoroughly,  and  if  an  error  be  found — even  a  technical 
error — the  case  will  be  sent  back  for  a  new  trial.  Or  the 
supreme  court  may  reverse  the  decision  of  the  district  court 
on  account  of  the  trifling  error  made  by  the  trial  judge, 
even  though  the  guilt  of  the  accused  is  established  by 
uncontradicted  evidence. 

Declaring  Statutes  Void. — There  is  one  important  power 
of  the  supreme  court  not  mentioned  before.  That  is  its 
power  to  declare  statutes  void.  It  may  happen  that  in 
dealing  with  the  law  as  applied  to  a  particular  case  before 
it,  the  supreme  court  will  find  that  the  law  is  contrary  to 
the  constitution  of  the  State.  The  court  must  then  so 
hold,  and  the  law  becomes  null  and  void,  exactly  as  if  it 
had  never  been  passed.  A  great  many  laws  hastily  passed 
never  survive  this  test  before  the  supreme  court.  In  this 
way  the  lawmakers  are  checked  by  the  constitution  as 
interpreted  and  applied  by  the  supreme  court. 

QUESTIONS  ON  THE  TEXT 

1.  What  is  the  relation  of  the  State  constitution  to  the  courts  of 

the  State?     To  the  procedure  of  the  courts? 

2.  What  does  Lincoln  say  about  the  right  of  property? 

3.  State  three  simple  principles  involved  in  law. 

4.  Who  enforces  the  law? 

5.  What  are  the  functions  of  the  local  courts? 

6.  Explain  " preliminary  hearing";  "bail." 

7.  Distinguish  between  criminal  and  civil  actions. 

8.  Define  two  classes  of  crime. 

9.  Define  the  jurisdiction  of  the  justice's  court,  civil  and  criminal. 


ADMINISTRATION  OF  JUSTICE  247 

10.  Jurisdiction  of  police  court. 

11.  Jurisdiction  of  county  court. 

12.  Where  may  county  courts  of  increased  jurisdiction  be  formed? 

13.  Explain  the  jurisdiction  of  the  district  court.    Give  examples. 

14.  Define  original  and  appellate  jurisdiction. 

15.  Define  the  following  writs:  habeas  corpus,  mandamus,  injunc- 

tion, quo  warranto.    Explain  and  criticize  injunction. 

16.  What  is  the  jurisdiction  of  the  supreme  court?    Other  func- 

tions? 

17.  Under  what  conditions  may  cases  be  appealed  from  State  to 

Federal  courts? 

18.  Discuss  the  grand  jury — size,  objects,  methods,  how  and  when 

called, 

19.  Describe  the  petty  jury:  when  used,  how  selected,  verdict,  argu- 

ments for  and  against  the  jury  system. 

20.  Describe  fully  the  judicial  procedure  in  criminal  actions;  in 

civil  actions. 

21.  Explain  the  principles  governing  new  trials;  appeals. 

22.  In  what  way  may  the  supreme  court  check  the  State  legis- 

lature? 

QUESTIONS  SUGGESTED  BY  THE  TEXT 

1.  What  was  the  amount  of  money  collected  last  year  from  the 

State  inheritance  tax? 

2.  Compare   the   North   Dakota  inheritance  tax   law   with   the 

Minnesota  law ;  the  Wisconsin  law. 

3.  Give  an  account  of  an  actual  case  in  court  appealed  to  a  higher 

court.    Grounds  of  the  appeal.     Final  decision. 

4.  Secure  a  copy  of  a  brief  used  before  the  supreme  court  and 

note  its  argument  as  to  the  law  of  the  case.    Why  is  there 
no  jury  in  the  supreme  court? 

5.  Should  litigation  be  made  more  expensive  or  less  expensive? 

6.  Should  it  be  made  easier  or  harder  to  appeal  cases  to  the 

supreme  court? 

REFERENCES 

1.  "North  Dakota  Code"  (1905)  and  subsequent  session  laws. 

2.  "North  Dakota  Reports"  (of  State  supreme  court). 


248  THE  STATE  GOVERNMENT  IN  ACTION 

3.  "North  Dakota  Blue  Book." 

4.  Hart,  "Actual  Government,"  Ch.  9. 

SPECIAL  REFERENCES 

1.  "The  Efficiency  of  English  Courts:  An  Example  for  America," 

by  Jesse  Macy,  McClure's  Magazine,  September,  19C9. 

2.  "A  Judicial  Experience,"   by  Theodore  Roosevelt,   Outlook, 

March  13,  1909. 

3.  "The  Denial  of  Justice/'  by  Samuel  Scoville,  Jr.,  Outlook, 

June  12,  1909. 

4.  "Treadmill  Justice,"  by  George  W.  Alger,  Atlantic  Monthly, 

November,  1909.. 

5.  "Judicial  Procedure  in  America,"  Editorial,  Nation,  Novem- 

ber 4,  1909,  p.  424. 


CHAPTER  XXI 
LOCAL  GOVERNMENT:  COUNTY,  TOWNSHIP,  VILLAGE 

We  may  look  at  local  government  from  two  view  points: 
(1)  What  work  is  it  doing  for  us?  This  is  a  study  of  its 
functions.  (2)  What  form  of  organization  is  doing  this 
work  for  us?  What  is  the  machinery  used?  This  is  a  study 
of  the  organs  of  local  government.  In  the  human  body, 
for  instance,  we  find  a  certain  organ,  such  as  the  liver,  per- 
forming a  certain  function,  such  as  the  secretion  of  bile. 
So  also  in  our  government,  State  and  local,  we  find  cer- 
tain organs  performing  certain  functions. 

The  chief  functions  of  local  government  concern  six  sub- 
jects, namely,  (1)  Education;  (2)  Public  Health;  (3)  Fi- 
nance and  Taxation;  (4)  Good  Roads;  (5)  Police  and  Jus- 
tice; (6)  Charity.  The  forms  or  organs  of  local  government 
are  five — the  county,  township,  village,  city,  and  school 
district.  The  discussion  of  the  city  and  the  school  district 
we  must  defer,  to  later  chapters.  Let  us  consider  the 
forms  of  local  government  before  examining  the  actual 
work  of  these  various  forms. 

I.  FORMS  OF  LOCAL  GOVERNMENT 

The  constitution  itself  provides  for  the  various  forms 
of  local  government  found  in  our  State.  However,  it 
leaves  to  the  State  legislature  the  duty  of  providing  "by 

249 


250  THE  STATE  GOVERNMENT  IN  ACTION 

general  law"  for  the  organization  and  incorporation  of 
these  units.  The  local  units  are  all  incorporated — that  is, 
they  are  corporations.  Each  is  a  "body  politic  and  cor- 
porate/' which  means,  it  has  both  political  and  business 
functions.  Its  political  functions  are  to  hold  elections, 
levy  taxes,  and  carry  on  government  in  general.  As  an 
ordinary  business  corporation  it  may  sue  and  be  sued, 
hold  property,  and  make  contracts. 


Courthouse,  Billings  County 

1.  The  County. — In  the  older  States  of  the  East,  coun- 
ties are  well  established  as  permanent  districts,  and  no 
changes  are  made  in  their  boundaries.  In  North  Dakota, 
however,  the  creation  of  new  counties  is  of  frequent  oc- 
currence. A  new  county  can  be  organized  in  this  State 
only  by  vote  of  the  people  in  the  district  concerned.  If 
the  district  is  already  a  part  of  a  large  county,  and  a  di- 
vision is  desired,  the  voters  in  the  proposed  new  county 
must  petition  the  county  commissioners,  and  the  matter 
is  then  submitted  to  a  vote  of  the  whole  county.  Thus 
Montraille  county  was  formed,  out  of  part  of  Ward  county, 


COUNTY,  TOWNSHIP,  VILLAGE  251 

in  1908.  If,  however,  the  proposed  county  be  unorganized 
territory, — a  condition  which  has  now  ceased  to  exist  in 
North  Dakota, — the  voters  would  have  to  petition  the 
governor,  and  he  would  order  an  election  to  elect  county 
officers  to  complete  the  organization. 

The  location  of  the  county  seat  is  a  matter  of  great  interest 
to  the  inhabitants  of  a  county.  This,  too,  is  left  entirely 
to  the  voters  of  the  county.  The  county  seat  can  be  moved 


Courthouse,  Pembina  County 

to  a  new  town  any  time  the  voters  desire,  that  is,  provided 
that  two  thirds  of  the  electors  so  vote  at  the  general  elec- 
tion, and  provided  also  that  the  question  cannot  come  up 
for  a  vote  oftener  than  once  in  ten  years. 

The  minimum  size  and  population  of  a  county  are  set 
by  the  constitution,  as  twenty-four  congressional  town- 
ships and  1,000  population. 

County  Commissioners. — In  the  county  government  we 
look  in  vain  for  the  clear-cut  division  into  the  legislative, 


252 


THE  STATE  GOVERNMENT  IN  ACTION 


the  executive,  and  the  judicial  branches.  County  govern- 
ment is  mostly  administrative  work,  administering,  that  is, 
the  laws  made  at  Bismarck.  The  county,  therefore,  needs 
no  legislative  branch.  However,  such  local  lawmaking  as 
the  county  actually  does  need  is  done  by  the  board  of 
county  commissioners.  This  board  consists  of  three  or 
five  men — usually  five — elected  by  districts  into  which  the 
county  is  divided,  for  a  term  of  four  years.  This  board 


Courthouse,  McHenry  County 

meets  at  the  courthouse  at  regular  intervals,  usually  the 
first  two  or  three  days  of  every  month,  and  the  chief  busi- 
ness before  this  body  is,  in  brief,  to  pay  the  bills  of  the 
county,  and  raise  the  money  for  this  purpose  (see  page  276). 
In  one  sense  of  the  word  this  board  is  a  sovereign  body;  it 
has  the  power  of  taxing  the  people.  But  it  must  keep  within 
the  limits  set  by  law.  It  has  some  important  appointive 
powers.  This  board  has  also  general  oversight  of  the 
county  buildings.  In  short,  all  the  business  which  the 


COUNTY,  TOWNSHIP,  VILLAGE  253 

county  transacts,  as  a  body  corporate,  is  done  through 
this  "committee,"  as  it  might  well  be  called.  It  sits  each 
year  in  July  as  a  county  board  of  equalization.  The  pro- 
ceedings of  each  meeting  are  carefully  recorded  by  the 
clerk  of  trie  board,  who  is  always  the  county  auditor.  He 
publishes  these  proceedings  in  three  newspapers  of  the 
county,  so  that  the  voters  may  know  how  the  county  busi- 
ness is  being  transacted.  The  county  auditor,  who  is  book- 
keeper for  the  whole  county,  is  a  valuable  servant  of  the 
board,  by  reason  of  his  familiarity  with  the  finances  of 
the  county. 

County  Officers. — The  regular  county  officers,  besides 
the  commissioners,  are  the  auditor,  treasurer,  sheriff,  clerk 
of  court,  register  of  deeds,  State's  attorney,  judge,  super- 
intendent of  schools,  public  administrator,  coroner,  and 
surveyor.  There  may  be  elected  also  four  justices  of  the 
peace  and  four  constables.  And,  where  the  civil  townships 
have  not  yet  been  organized,  a  county  assessor  is  chosen. 

All  the  county  officers  named  above  are  elected.  The 
term  of  office  is  two  years,  except  that  the  public  adminis- 
trator is  elected  for  four  years.  Most  officers  are  reflected, 
so  the  average  term  of  service  is  about  six  years.  The 
sheriff  and  treasurer,  however,  may  serve  only  two  terms. 
Salaries  depend  on  the  assessed  valuation  of  the  property 
of  the  county.  In  some  offices  where  the  duties  are  either 
light,  or  uncertain  as  to  time  and  amount  of  work,  the 
pay  is  by  fees.  The  office  of  sheriff,  for  instance,  depends 
upon  fees;  and  for  this  reason  it  is  a  much  sought-after 
position.  In  a  very  large  county,  the  fees  for  this  office 
may  amount  to  $25,000  a  year. 


254  THE  STATE  GOVERNMENT  IN  ACTION 

Two  questions  have  been  frequently  asked  by  critics  of 
county  government.  Have  we  not  too  many  elective  of- 
fices? Would  it  be  possible  to  abolish  the  fee  system  and 
substitute  some  better  form  of  compensation? 

Duties  of  County  Auditor. — In  some  States  trie  county 
auditor  is  called  the  county  clerk.  As  the  county  book- 
keeper, his  work  is  both  intricate  and  important.  In  his 
office  is  kept  the  name  of  every  taxpayer  in  the  county, 
the  description  of  his  real  and  personal  property  care- 
fully itemized,  with  its  assessed  valuation  as  turned  in  by 
the  local  assessors;  also  books  showing  the  names  of  those 
in  arrears  in  paying  taxes, — " delinquent  tax  list"  as  it  is 
called.  He  furnishes  the  county  treasurer  the  tax  list  on 
which  the  treasurer  makes  all  collections.  He  furnishes 
the  local  assessors  their  supplies,  including  a  copy  of  the 
last  year's  assessment.  He  is  also  a  check  on  the  county 
treasurer,  for  no  money  is  paid  out  by  the  treasurer  except 
on  the  order  or  " warrant"  of  the  auditor.  All  local  offi- 
cers who  are  required  to  give  bonds,  must  file  a  copy  of 
the  bond  with  the  auditor.  The  auditor  must  print  and 
send  out  election  supplies.  And,  as  we  have  just  seen,  he 
is  the  clerk  of  the  board  of  county  commissioners.  He  has 
one  important  power  of  assessment:  if  the  local  assessor 
omits  property  from  the  assessment  lists,  the  auditor  may 
add  it  himself. 

Duties  of  County  Treasurer. — The  county  treasurer  is 
the  collector  and  the  custodian  of  the  county  funds.  He 
is  the  tax  collector  also  for  every  school  district,  township, 
village,  and  city  in  the  county,  and  of  all  the  State  taxes 
paid  in  the  county.  The  local  taxes  of  the  various  di- 


COUNTY,  TOWNSHIP,  VILLAGE  255 

visions  of  the  county  are  paid  over  by  him  to  the  various 
divisions.  The  county  money  he  deposits — or  may  de- 
posit— in  banks  of  the  county,  and  from  two  to  five  per 
cent,  interest  is  paid  to  the  county  on  such  deposits. 

Duties  of  County  Sheriff. — The  duties  of  the  sheriff  fall 
under  two  classes:  (1)  He  is  the  conservator  of  the  peace. 
In  this  sense,  he  is  the  county's  chief  executive,  and  may 
summon  citizens  to  aid  him  in  preserving  order.  In  this 
capacity  sheriffs  have  sometimes  made  reputations  for 
themselves  as  heroes,  in  defending  their  prisoners  from 
mob  violence,  or  in  other  ways  upholding  law  and  order. 
(2)  The  sheriff  is  also  the  servant  or  minister  of  the  courts. 
Indeed,  most  of  the  sheriff's  work  is  to  act  as  the  executive 
agent  of  the  courts.  For  instance,  the  various  writs  and 
orders  are  placed  in  his  hands  to  be  executed :  summons  to 
defendants,  subpoenas  to  witnesses,  writs  of  attachment, 
warrants  of  arrest,  and  so  on.  For  this  work  he  receives 
his  fees.1  If  damages  are  awarded  in  a  civil  suit,  he  must 
collect  the  amount  of  the  judgment,  even  though  this  can 
be  done  only  by  the  seizure  and  sale  of  property.  This  is 
a  great  responsibility.  Criminals  sentenced  to  the  State 
penitentiary  must  be  taken  there  by  the  sheriff.  He  also 
keeps  the  county  jail,  and  feeds  and  governs  the  prisoners 
in  it. 

Duties  of  Clerk  of  Court. — The  district  court  has  in  each 
county  an  officer  entitled  clerk  of  the  court.  He  is  a  reg- 
ular county  officer,  yet  his  duties  are  almost  wholly  con- 
nected with  the  district  court.  His  official  duties  are, 

1  "North  Dakota  Code,"  1905,  Sec.  2600.  See  also  Sees.  1564,  1703, 
1769,  2601-2604. 


256  THE  STATE  GOVERNMENT  IN  ACTION 

(1)  to  keep  official  books,  paper0 ,  and  records  pertaining 
to  his  office;  (2)  to  ax+"rd  each  session  of  the  district  court 
and  act  as  clerk  thereof;  (3)  to  keep  a  complete  record  of 
all  applications  for  naturalization  papers  and  a  record  of 
all  ''Naturalization,  Final  Papers,"  issued  by  the  district 
judge. 

Duties  of  Register  of  Deeds. — Who  owns  the  land? 
This  is  a  question  not  only  of  private  concern,  but  of 
public  interest  in  every  community.  To  prevent  disputes 
and  misunderstandings  over  land  titles,  the  county  has 
provided  a  set  of  books  containing  a  complete  record  of 
every  acre  of  farm  land  and  every  town  lot  in  the  county, 
from  the  time  the  land  belonged  to  the  Federal  govern- 
ment down  to  the  present  moment.  The  register  of  deeds 
must  make  a  full,  verbatim  record  of  every  deed  in  the 
county,  and  put  his  stamp  upon  the  deed  when  he  records 
it.  Likewise  he  must  record  every  mortgage  on  land,  every 
land  contract  or  other  paper  pertaining  to  land  sales,  and 
also  chattel  mortgages  (mortgages  on  personal  property). 
A  small  fee  is  charged  for  recording  each  instrument. 

Duties  of  State's  Attorney. — Whether  the  enforcement 
of  State  laws  in  a  county  shall  be  " loose"  or  " strict"  de- 
pends upon  the  State's  attorney.  So  important  is  this 
office  that  the  law  provides  that  the  attorney-general  or 
his  assistants  are  authorized  to  institute  and  prosecute 
cases  whenever  the  State's  attorney  of  any  county  refuses 
or  neglects  to  do  his  duty.  His  duties  are,  (1)  to  prosecute 
violaters  of  the  law;  (2)  to  institute  the  proper  proceed- 
ings against  persons  "  charged  with  or  reasonably  suspected 
of  public  offenses,"  that  they  may  be  arrested  and  brought 


COUNTY,  TOWNSHIP,  VILLAGE  257 

to  trial;  (3)  to  give  his  written  opinion,  free  of  charge, 
when  requested  to  do  so,  to  all  county,  township,  and 
school  district  officers. 

Duties  of  County  Judge. — The  duties  of  the  county 
judge  are  fully  given  in  the  preceding  chapter,  pages  235, 
237.  The  judge  is  the  "  county  court." 

Duties  of  Superintendent  of  Schools. — The  county 
superintendent  is  the  connecting  link  between  the  school 
teacher  and  the  State  superintendent  of  public  instruction. 
The  efficiency  and  success  of  the  common  schools  depends 
in  part  on  each  link  in  this  chain.  The  general  duties  of 
the  county  superintendent  are  to  carry  into  effect  all  in- 
structions of  the  State  superintendent,  and  to  visit  each 
public  school  under  his  supervision.  His  specific  duties 
are  to  hold  examination  of  teachers  four  times  a  year,  re- 
voke certificates  for  cause,  arrange  for  a  teachers'  institute 
for  his  county,  and  keep  full  statistical  and  financial  records 
of  school  matters  within  his  county. 

Duties  of  Public  Administrator. — Before  the  estates  of 
deceased  persons  can  be  finally  settled  up  to  the  county 
court,  all  outstanding  debts  must  be  paid,  and  outstand- 
ing bills  collected.  It  is  the  duty  of  an  administrator  to 
make  such  payments  and  collections.  Where  the  heirs  to 
an  estate  are  known,  and  are  of  age,  they  usually  apply  to 
the  county  judge  for  the  appointment  of  an  administrator 
of  their  own  choosing.  When  an  estate  is  left,  and  no  such 
application  is  made,  or  the  appointed  administrator  re- 
fuses to  serve,  then  it  becomes  the  duty  of  the  public  ad- 
ministrator to  see  that  the  estate  is  settled  according  to 
the  law  governing  such  matters.  Were  it  not  for  this 


258  THE  STATE  GOVERNMENT  IN  ACTION 

officer,  there  would  be  no  one  whose  specific  duty  it  is  to 
look  after  the  property  and  estate  of  persons  found  dead, 
or  of  strangers  dying  in  the  county,  or  of  orphans  under 
fourteen  years  of  age  who  have  no  legal  guardian. 

Duties  of  Coroner. — "Next  to  the  sheriff  the  coroner  is 
the  oldest  of  our  county  officers,  and  it  is  the  oldest  elective 
county  office.  .  .  .  Coroners'  inquests  have  been  a  sub- 
ject of  derision  since  the  time  of  Shakespeare,  and  in  this 
country  efforts  have  been  made  for  nearly  fifty  years  to 
reform  the  antiquated  procedure."  l  It  is  the  duty  of  the 
coroner  to  hold  an  inquest  when  a  death  has  apparently 
been  due  to  violence  or  other  unlawful  means.  He  must 
report  in  writing  the  cause  of  the  death,  if  he  can  learn  it. 
"To  perform  the  duties  properly  a  coroner  should  be  both 
a  criminal  lawyer  and  a  specialized  medical  expert.  But 
those  selected  can  usually  lay  claim  to  neither  qualifica- 
tion." 2 

Duties  of  County  Surveyor. — The  duties  of  the  county 
surveyor  are  to  lay  out  public  roads  when  go  directed, 
make  accurate  surveys  of  land  boundaries  in  the  county 
when  requested  by  the  owner,  and  make  and  file  with  the 
county  auditor  maps  and  plats  of  the  completed  surveys. 

Minor  County  Officers. — There  are  four  justices  of  the 
peace  and  four  constables  for  the  county,  but  their  duties 
correspond  closely  to  the  duties  of  the  township  officers 
of  the  same  name,  described  elsewhere  (pages  236,  269). 
In  some  newer  counties  are  found  county  assessors.  Their 
duties  are  the  same  as  the  duties  of  the  township  asses- 
sors, described  under  a  later  paragraph  (page  264). 

1  Fairlie,  "Local  Government,"  pp.  112,  115.  2  Ibid.,  p.  115. 


COUNTY,  TOWNSHIP,  VILLAGE  259 

2.  The  Township. — The  civil  township  or  town  of  North 
Dakota  is  the  one  division  of  our  State  where  we  find  gov- 
ernment in  the  form  of  a  pure  democracy.  Here,  on  the 
third  Tuesday  in  March  of  each  year,  the  voters  meet  in 
the  annual  town  meeting.  It  is  much  similar  to  the  fa- 
mous New  England  town  meeting.  It  is  direct  govern- 
ment. It  has  three  principal  powers  and  duties:  (1)  Elec- 
tion of  officers  for  ensuing  year;  (2)  making  of  rules  and 
regulations  for  business  of  town;  (3)  levying  the  town 
tax. 

The  following  are  the  principal  offices  to  be  filled: 
(1)  Supervisors  (three  men);  (2)  Clerk;  (3)  Treasurer; 
(4)  Assessor ;  (5)  Justices  of  the  Peace  (two  men) ;  (6)  Con- 
stables (two  men);  (7)  Overseers  of  Highways  (one  man 
for  each  road  district).  A  minor  officer  known  as  Pound 
Master,  is  sometimes  elected.  The  term  of  office  for  all 
township  officers  is  one  year — except  the  justices  and  con- 
stables, who  serve  two  years,  and  the  supervisors,  who 
serve  three  years,  one  retiring  each  year.  The  salaries  of 
the  offices  are  small,  depending  on  the  number  of  days  of 
work  actually  done.  For  instance,  the  assessor  gets  $3  a 
day,  but  cannot  receive  pay  for  more  than  twenty  days  a 
year.  Hence  his  year's  salary  is  $60. 

The  duties  of  the  various  township  officers  are  indicated 
by  their  names. 

The  work  of  local  government  which  is  carried  on  by 
the  township  is  described  below  under  the  discussion  of 
the  functions  of  local  government.  It  is  sufficient  to  note 
here  that  the  chief  work  of  the  town  government  pertains 
to  good  roads,  police  and  justice,  and  taxation. 
Govt.  No.  Dak. — 17 


260  THE  STATE  GOVERNMENT  IN  ACTION 

Each  civil  township,  like  the  county,  is  a  body  politic 
and  corporate.  Each  must  have  a  central  meeting  place, 
usually  its  own  townhall,  or  a  schoolhouse. 

3.  The  Village. — If  a  village  grows  up  about  the  town- 
hall,  or  elsewhere,  its  inhabitants  may  decide  to  incorporate 
and  set  up  a  village  government  of  their  own,  independent 
of  the  township.  To  incorporate  as  a  village,  the  inhabit- 
ants of  the  little  community  must  meet  certain  conditions : 
(1)  They  must  petition  the  county  commissioners,  ex- 
actly as  they  would  do  were  they  seeking  to  form  a  civil 
township;  (2)  they  must,  with  the  consent  of  the  county 
commissioners,  then  hold  a  special  election,  and  a  major- 
ity vote  decides  the  question.  The  main  reason  against 
incorporation  is  the  matter  of  expense.  It  will  make 
taxes  higher.  The  main  reasons  for  it  are:  (1)  The  people 
need  some  protection  against  fire,  such  as  the  services  of 
a  night  watchman,  and  some  simple  fire  apparatus;  (2)  they 
need  better  police  protection  against  robbers,  burglars,  etc., 
especially  if  there  is  a  store  or  bank  in  the  village ;  (3)  they 
need  better  roads,  bridges,  and  sidewalks.  These  are  the 
most  urgent  needs,  and  the  meeting  of  these  needs,  of 
course,  causes  the  small  increase  in  taxation  mentioned 
above. 

The  village  officers  are  elected  each  year  in  May,  the  term 
of  office  being  one  year.  The  six  village  offices  are:  (1)  Trus- 
tees (one  for  each  district  of  the  village);  (2)  Clerk;  (3)  As- 
sessor; (4)  Treasurer;  (5)  Marshal;  (6)  Justice  of  the  Peace. 

The  Village  Trustees.— The  village  trustees,  like  the 
county  commissioners,  have  the  power  of  taxing  the  people. 
They  have  the  general  powers  of  local  government  in  the 


COUNTY,  TOWNSHIP,  VILLAGE  261 

village,  such  as  providing  fire  and  police  protection,  health 
protection,  etc. 

II.  FUNCTIONS  OF  LOCAL  GOVERNMENT 

1.  Education. — The  maintenance  of  schools  is  one  of 
the  most  important  functions  of  local  government.    This 
subject  is  of  such  great  and  vital  importance  that  it  is  dis- 
cussed separately  in  Chapter  XXV. 

2.  Public  Health. — The  most  valuable  thing  in  any 
community  is  the  good  health  of  its  people.    What  is  being 
done  now  to  protect  and  safeguard  the  health  of  the  peo- 
ple?    How  is  it  being  done?     These  are  two  important 
questions.    As  was  stated  in  Chapter  I  of  this  book,  the 
family  must  always  hold  first  place  in  taking  care  of  the 
health  of  the  citizens.    For  prevention  of  disease  and  for 
cure  of  disease  the  family  is  first  responsible.     But  the 
State  must  cooperate  with  the  family. 

In  former  times,  when  an  epidemic  such  as  smallpox, 
diphtheria,  typhoid  fever,  or  scarlet  fever  got  a  start  in  a 
community,  the  disease  ran  its  course,  carrying  hundreds 
of  helpless  people  to  an  untimely  death.  But  this  is  not 
the  case  any  more,  now  that  the  State  and  local  govern- 
ments have  established  boards  of  health.  Three  impor- 
tant things  are  being  done  by  these  boards  of  health.  We 
may  describe  their  work  as  follows: 

A.  Control  of  Communicable  Disease. — If  a  disease  is 
contagious  or  infectious,  the  first  thing  is  to  prevent  its 
spreading  to  other  persons.  This  is  done  (1)  by  vaccina- 
tion, in  case  of  smallpox;  (2)  by  quarantine  in  case  of 
diseases  such  as  smallpox,  diphtheria,  and  scarlet  fever; 


262  THE  STATE  GOVERNMENT  IN  ACTION 

(3)  by  removal  of  patients  to  hospitals.  It  often  becomes 
necessary,  where  a  quarantine  could  not  well  be  enforced, 
to  remove  the  sick  person  to  a  detention  hospital.  Every 
county  should  have  such  a  building.  The  cost  of  this 
hospital  care  is  borne  by  the  sick  person,  unless  he  is  too 
poor  to  pay  it.  In  that  case  the  county  pays  it. 

B.  Prevention  of  Disease. — Boards  of  health  do  all  in 
their  power  to  prevent  sickness  by  causing  the  removal  of 
filth,  nuisances,  dead  animals,  or  other  causes  of  contam- 
ination.    They  prevent  the  placing  of  dead  animals  in 
streams  and  the  pollution  of  the  water  supply  which  would 
result  therefrom. 

C.  Vital  Statistics. — Full  statistics  of  births,  deaths,  and 
causes  of  deaths  are  kept  on  the  public  records. 

The  machinery  for  carrying  out  the  public  health  work 
of  the  State  consists  of  the  local  boards  of  health  and  the 
State  Public  Health  Laboratory.  (1)  The  township  board 
of  health  consists  of  the  three  township  supervisors.  Its 
work  is  purely  local,  but  is  nevertheless  important  in  case 
of  dangerous  epidemics.  It  has  power  to  quarantine,  re- 
quire vaccination,  and  establish  a  hospital.  (2)  The  county 
has  a  board  of  health  of  three  members.  One  must  be  a 
physician,  and  is  known  as  the  superintendent  of  public 
health.  The  county  board  of  health  is  constituted  as  fol- 
lows: The  State's  attorney  acts  as  its  president,  and  two 
other  members  (vice  president  and  superintendent  of  public 
health)  are  appointed  by  the  county  commissioners.  The 
compensation  of  the  superintendent  is  so  small  ($5  a  day 
for  time  actually  spent)  that  a  good  physician  can  scarcely 
afford  to  devote  much  time  to  this  work  and  neglect  his 


COUNTY,  TOWNSHIP,  VILLAGE  263 

regular  practice.  This  board  must  collect  vital  statistics 
from  the  townships,  villages,  and  cities,  and  report  to  the 
State  board  of  health.  In  addition  to  this  clerical  work, 
the  county  board  of  health  has  the  same  three  powers  as 
has  the  township  board  described  above.  (3)  The  State 
board  of  health  supervises  the  work  of  the  county,  city, 
and  township  boards. 

3.  Finance  and  Taxation. — An  important  function  of 
local  government  is  to  raise  the  money  for  the  proper 
carrying  out  of  all  the  other  functions  of  government,  both 
State  and  local.  For  in  North  Dakota  even  the  State 
must  look  almost  wholly  to  the  machinery  of  local  govern- 
ment for  providing  it  with  its  vast  yearly  income. 

Who  spends  this  money?  How  is  it  raised?  Let  us 
answer  these  two  questions. 

The  "  control  of  the  purse,"  that  is  the  spending  of  the 
public's  money,  is  manifestly  an  important  thing.  For 
"the  power  to  tax  is  the  power  to  destroy."  The  spending 
power,  which  is  to  say  the  taxing  power,  in  local  govern- 
ment is  vested  as  follows,  subject  to  the  control  of  the 
State  legislature: 

County — county  commissioners. 

Township — voters  of  township  in  town  meeting. 

Village — trustees. 

The  township,  as  we  see  by  this  statement,  is  the  one 
purely  democratic  unit  of  local  government. 

For  raising  the  money  our  lawmakers  have  created  a  set 
of  tax  machinery  which  does  not  always  work  well  in  all 
its  parts,  although  it  looks  absolutely  perfect  on  paper. 
The  local  tax  machinery  consists  of  three  parts:  (1)  The 


264  THE  STATE  GOVERNMENT  IN  ACTION 

assessor;   (2)  the  boards  of  equalization;    (3)  tax  collect- 
ors. 

The  assessor  is  a  township  (or  village)  officer,  chosen  for 
one  year,  at  a  salary  of  $60  (for  twenty  days'  work).  His 
duties  are  very  simple,  as  written  on  paper,  but  very  com- 
plex in  practice,  (a)  He  must  find  all  the  property  in  his 
township  (or  village),  whether  houses  and  lands,  or  live 
stock,  or  musical  instruments,  or  diamonds,  or  threshing 
machines,  or  mortgages  or  mules,  or  money  or  merchandise; 
(b)  he  must  assess  it  at  its  actual  cash  value.  The  list  which 
he  makes  out,  swears  to,  and  turns  in  to  the  county  auditor 
must  thus  contain  all  the  property,  valued  at  its  true  value. 
It  is  of  course  quite  impossible  to  do  these  two  things. 
This  makes  the  machinery  for  equalizing  the  assessment 
necessary.  To  smooth  out  the  inequalities  of  assessment 
the  law  has  created  very  complete  machinery,  both  State 
and  local.  The  boards  that  attempt  to  equalize  and  thus 
by  curing  all  defects,  make  the  taxing  system  work  justice 
to  all,  are  shown  in  this  brief  table: 

ASSESSMENT  AND  EQUALIZATION 

1.  Property  assessed 

By  local  assessor,  in  April  and  May. 

2.  Assessment  equalized 

A.  Between  individuals 

By  Town  Board  of  Review,  which  meets  in  June. 

B.  Between  townships  (or  cities) 

By  County  Board  of  Equalization,  which  meets  in 
July. 

C.  Between  Counties 

By   State  Board  of   Equalization,   which  meets   in 
August. 


COUNTY,  TOWNSHIP,  VILLAGE  265 

Defects. — But  very  few  people  come  before  the  town 
board  of  review  and  complain  about  their  assessments.  In 
fact,  they  do  not  know  whether  they  are  assessed  too  high 
or  too  low,  for  they  do  not  know  how  their  neighbors  are 
assessed,  and  hence  have  no  standard  of  comparison.  The 
county  board  of  equalization  changes  the  assessment  of 
classes  of  property,  not  individual  pieces,  and  hence  they 
cannot  cure  the  individual  defects  and  injustices  left  by 
the  local  board  and  the  local  assessor.  The  same  statement 
applies  to  the  State  board  of  equalization.  Hence,  only  in 
a  very  incomplete  way  does  "  equalization  "  equalize  assess- 
ment between  individuals,  and  only  in  a  very  rough  way 
between  townships  and  counties.  How  to  prevent,  rather 
than  cure,  these  defects  in  taxation  is  one  of  the  unsettled 
questions  in  civil  government. 

Tax  Collector. — The  county  treasurer  collects  the  taxes. 
If  taxes  are  not  paid  when  due,  heavy  penalties  are  added. 
Finally,  if  necessary,  the  sheriff  may  sell  the  property  for 
the  taxes. 

Debt. — It  is  sometimes  necessary  for  local  government 
districts  to  borrow  money.  Counties  often  borrow  to  con- 
struct a  courthouse  or  jail,  or  even  to  build  a  large  bridge. 
Townships  do  not  spend  much  money,  and  hence  do  not 
often  borrow.  The  same  is  true  of  villages.  To  prevent 
these  political  divisions  from  borrowing  too  much  and  thus 
becoming  bankrupt,  there  are  two  very  strict  limitations 
placed  on  them:  (1)  Constitutional  limitations  on  the 
amount  and  purpose  of  the  debt.  The  debt  cannot  exceed, 
in  amount,  five  per  cent,  of  the  assessed  value  of  the  taxable 
property  of  the  district.  It  must  be  for  a  public  purpose, 


266  THE  STATE  GOVERNMENT  IN  ACTION 

but  especially,  it  cannot  be  for  the  purpose  of  giving  aid  or 
a  subsidy  to  any  railroad  or  other  corporations,  or  associ- 
ations, or  individuals.  (2)  On  the  method  of  deciding  to 
borrow.  A  county  may  borrow  money  and  issue  bonds  for 
the  erection  of  county  buildings,  only  when  a  majority  of 
the  voters  of  the  county  vote  in  favor  of  the  proposition. 
The  only  other  purpose  for  which  a  county  can  borrow  is  to 
pay  outstanding  indebtedness,  but  in  this  case,  however, 
the  county  commissioners  have  power  to  issue  the  bonds. 
A  township  has  but  one  way  to  decide  to  borrow:  two 
thirds  of  the  voters  present  at  the  town  meeting  must  vote 
in  favor  of  the  proposition.  The  village  has  yet  another 
method:  namely,  a  petition  must  be  presented  to  the  trus- 
tees, signed  by  the  owners  of  five  eighths  of  the  taxable 
property  of  the  village,  favoring  the  debt.  In  other  words, 
it  is  property,  not  persons,  that  counts  in  the  village.  In 
the  county  and  township  it  is  persons,  whether  they  own 
property  and  pay  taxes  or  not,  that  decide  the  debt  question. 
4.  Good  Roads. — The  value  of  good  roads  to  a  commu- 
nity is  very  great  indeed,  especially  if  it  be  a  farming  com- 
munity. According  to  estimates  made  by  the  Federal 
government,  the  average  cost  of  hauling  a  ton  of  freight — a 
small  wagon  load — one  mile  on  a  country  road  is  twenty- 
three  cents;  the  cost  of  shipping  one  ton  one  mile  on  a 
railroad  is  7.8  mills,  or  less  than  one  thirtieth  as  much. 
The  average  railroad  will  haul  the  farmer's  wheat,  for 
example,  150  miles  for  the  same  cost  as  the  farmer  can  haul 
it  five  miles  over  the  average  country  road.  Bad  roads 
increase  the  cost  of  hauling,  increase  the  wear  and  tear  on 
wagons,  horses,  and  harness.  They  prevent  the  farmer 


COUNTY,  TOWNSHIP,  VILLAGE  267 

from  raising  fruits  and  vegetables  which  could  be  quickly 
arid  safely  marketed  in  the  near-by  town  if  the  roads 
would  permit;  they  prevent  him  from  marketing  at  the 
right  time  to  catch  the  highest  markets.  Good  roads 
improve  the  looks  of  a  country,  increase  the  comfort  of  the 
people,  and  raise  the  price  of  land.  Considering  the  mil- 
lions of  bushels  of  grain  which  are  hauled  over  the  country 
roads  of  North  Dakota  each  year  as  the  crop  is  harvested 
and  marketed,  we  see  the  tremendous  tax  that  bad  roads 
levy  on  our  people.  Over  good  roads  larger  loads  could  be 
hauled  and  at  less  expense.  Children  could  get  to  school 
more  easily;  more  rural  free  delivery  routes  could  be  estab- 
lished and  maintained.  Good  roads  are  very  expensive  to 
construct,  and  mean  more  taxes,  but  they  are  worth  more 
than  they  cost. 

Our  Present  Road  System. — Roadmaking  in  North  Dakota 
is  turned  over  to  the  counties  and  townships.  The  town- 
ship road  taxes,  unlike  other  taxes,  may  be  paid  either 
in  money  or  in  labor.  The  county  road  tax,  generally  called 
the  "  Road  and  Bridge  fund,"  is  a  tax  of  at  least  one  mill  on 
the  property  in  the  county.  It  is  collected  in  cash  and 
spent  by  the  county  commissioners  on  road  improvements, 
principally  bridges.  Since  every  bridge  costing  over  $100 
is  a  county  bridge,  the  county  tax  goes  almost  wholly  for 
bridges,  leaving  little  or  nothing  for  grading,  ditching,  and 
surfacing  roads.  That  throws  the  small  bridges  and  the 
real  roadmaking  back  on  the  townships.  The  three  town- 
ship supervisors  have  the  supervision  and  care  of  the  roads 
of  their  township,  the  custody  of  the  road  machinery,  and 
the  making  of  plans  and  specifications  for  roads.  The  usual 


268  THE  STATE  GOVERNMENT  IN  ACTION 

plan  followed  is  to  turn  the  work  over  to  "  highway  over- 
seers/' one  for  each  road  district,  who  works  for  $2  a  day. 
In  some  cases,  however,  they  have  got  rid  of  the  local  road 
overseer.  The  township  road  tax  consists  of  (a)  a  road  poll 
tax  of  $1.50  on  each  male  from  twenty-one  to  fifty  years  of 
age,  and  (b)  a  road  tax,  levied  by  the  supervisors,  which 
may  be  as  high  as  10  mills  (i.  e.,  one  per  cent.)  on  the  prop- 
erty in  the  township.  In  this  way  many  thousands  of 
dollars  could  be  raised  for  road  construction.  But  little 
money  is  raised;  often  none  at  all.  This  tax  may  be  paid 
in  labor  or  money.  The  labor  is  counted  at  $1.50  a  day  of 
eight  hours,  or  $3.00  for  a  man  and  team.  The  tax  is  gen- 
erally paid  in  labor,  "worked  out,"  as  it  is  popularly  known. 
This  system  is  criticized  by  a  government  road  expert  in 
these  strong  words, — "You  know,  as  well  as  I,  that  the 
working  out  of  taxes  is  the  most  inadequate,  the  most 
inefficient,  and  the  most  indefensible  form  of  revenue  that 
could  be  devised.  You  know  that  the  men  who  work  the 
road  as  a  rule  know  nothing  about  the  work,  care  nothing 
about  it,  shirk  responsibilities,  are  not  amenable  to  disci- 
pline, and  generally  leave  the  road  worse  than  it  was  before 
they  touched  it.  In  this  criticism  I  am  not  blaming  the 
men,  but  the  system;  it  has  grown  up  as  a  venerable 
institution  handed  down  from  generation  to  generation,  a 
custom  made  mellow  with  traditions  of  the  old-time  frolics 
when  our  fathers  'worked  the  road.'  "  * 

Changes  Needed. — The  two  changes  needed  in  our  road 
system  are:  (1)  The  road  tax  should  be  paid  in  money, 

1  Logan  Waller  Page,  Director  Office  Public  Roads,  Department  of 
Agriculture,  Washington,  D.  C.  From  an  address  delivered  before  the 
legislature  of  Minnesota,  February  25,  1909. 


COUNTY,  TOWNSHIP,  VILLAGE  269 

and  (2)  central  supervision  should  be  exercised  over  all 
road  work.  In  some  places  now  the  road  tax  is  paid  in 
money;  in  some  townships  the  work  is  centralized  in  the 
hands  of  the  supervisors.  A  county  road  engineer  would 
be  better,  especially  if  he  were  working  under  the  super- 
vision of  a  State  engineer  or  highway  commission.  This 
would  make  the  road  system  administration  somewhat 
similar  to  the  school  administration,  with  its  State  super- 
intendent and  county  superintendents. . 

5.  Police  and  Justice. — One  of  the  important  functions 
of  local  government  is  the  preservation  of  law  and  order. 
The  public  peace  must  not  be  disturbed.  Every  political 
subdivision  of  our  state  is  provided  with  the  necessary 
machinery  for  the  arrest,  trial,  and  punishment  of  every 
lawbreaker.  In  the  cities  we  find  uniformed  policemen  to 
make  the  arrest.  In  the  rural  districts,  such  as  we  are 
describing  in  this  chapter,  police  work  is  performed  by 
other  officers.  At  the  county  seat  of  each  county  there  is  a 
sheriff  ready  to  arrest  any  one  in  any  part  of  the  county 
upon  a  proper  warrant.  Likewise  in  each  township  the 
town  meeting  elects  or  may  elect  two  constables  with  power 
to  arrest  disturbers  of  the  peace.  And  last  of  all,  the  village 
has  its  marshal,  with  full  power  to  arrest  and  to  use  the 
necessary  force  in  making  an  arrest,  even  though  it  be  the 
use  of  firearms.  The  work  of  the  local  courts  in  trying  and 
convicting  these  offenders  has  already  been  described.  The 
county  maintains  its  courthouse  and  jail,  and  may  add,  if 
it  sees  fit,  a  workhouse  for  the  purpose  of  putting  its  pris- 
oners to  work  at  hard  labor.  A  jail  without  a  workhouse 
may  prove  a  pleasant  stopping  place  in  the  winter  time  for 


270  THE  STATE  GOVERNMENT  IN  ACTION 

tramps  and  petty  criminals.  Accordingly  some  jails  are 
provided  with  a  workhouse  with  a  woodyard  or  stone  pile 
for  the  prisoners.  The  township  may,  if  it  so  votes  at  the 
annual  meeting,  erect  a  calaboose  for  the  confinement  of 
drunk  or  disorderly  persons.  The  village,  too,  has  power 
to  establish  and  erect  a  jail  for  the  confinement  of  disorderly 
persons,  vagrants,  tramps,  and  idle  persons  convicted  of 
violating  any  village  ordinance,  and  "to  prevent  and  sup- 
press riots,  affrays,  noises,  disturbances  and  disorderly 
assemblies  in  any  public  and  private  place." 

The  State  has  provided  a  Reform  School  at  Mandan 
where  lawbreakers,  under  the  age  of  eighteen  years,  or  in- 
corrigible children  upon  written  complaint  of  their  parents 
or  guardians,  may  be  sent  by  the  district  judge.  , 

Thus  we  see  that  back  of  our  local  government,  as  well  as 
back  of  our  State  government,  is  force  which  may  be  used 
if  necessary. 

6.  Charity. — The  State  law  declares  that  the  "county 
commissioners  are  overseers  of  the  poor."  "Each  county," 
continues  the  law,  "shall  relieve  and  support  all  poor  and 
indigent  persons  residing  therein,  whenever  they  shall  be  in 
need  thereof,  and  the  board  of  county  commissioners  may 
raise  money  for  the  support  and  employment  of  the  poor." 
Persons  must  live  in  the  county  ninety  days  to  become  resi- 
dents of  the  county  and  entitled  to  receive  poor  relief.  The 
commissioners  are  required  to  keep  a  list  of  persons  re- 
ceiving aid,  known  as  a  "Poor  Book,"  or  in  popular  lan- 
guage, a  "  Pauper  Roll."  Nonresidents,  sick  or  dying  in  the 
county,  are  also  entitled  to  relief  at  the  hands  of  the  county 
commissioners. 


COUNTY,  TOWNSHIP,  VILLAGE  271 

Indoor  and  Outdoor  Relief.  —  There  are  two  general 
methods  of  helping  the  poor,  known  as  Indoor  and  Out- 
door relief.  Indoor  relief  means  that  relief  which  is  given 
only  to  inmates  of  the  poorhouse  or  some  similar  institu- 
tion. Persons  who  are  paupers  and  who  are  "permanent 
charges"  must  receive  this  indoor  relief  in  our  State.  Out- 
door relief  is  relief  given  out  in  the  form  of  food,  clothing, 
fuel,  and  so  on,  which  the  needy  person  may  receive  in  his 
own  home.  The  argument  for  this  method  of  poor  relief  is 
that  it  does  not  humiliate  the  person  receiving  it.  The  ar- 
gument against  it  is  that  it  encourages  pauperism.  The 
argument  for  indoor  relief  is  that  it  discourages  pauperism. 
The  argument  against  it  is  that  many  worthy  poor  suffer 
in  silence  rather  than  undergo  the  shame  of  going  to  the 
poorhouse  to  live  with  paupers. 

North  Dakota  counties  employ  both  methods  of  poor 
relief.  Some  counties  measure  their  success  in  charity 
work  by  the  smallness  of  the  expense  incurred,  rather  than 
by  the  amount  of  pauperism  prevented  or  cured. 

The  County  Poor. — The  county  poor,  as  a  rule,  consist  of 
two  classes  of  persons,  (1)  the  aged  and  the  helpless,  who 
are  too  old  to  take  care  of  themselves,  and  (2)  the  orphan 
children  who  are  too  young  to  help  themselves.  The  aged 
need  permanent  relief,  and  hence  are  usually  sent  to  the 
county  poorhouse.  The  children  need  only  temporary  help. 
They  may  be  "bound  out"  for  a  term  of  years,  with  re- 
spectable families;  or  they  too,  may  be  sent  to  the  county 
poorhouse.  Here  they  mingle  with  a  few  very  old  people. 
A  third  class  of  county  poor  should  also  be  mentioned, 
namely,  helpless  women  (either  widows  or  deserted  wives) 


272  THE  STATE  GOVERNMENT  IN  ACTION 

left  with  small  children  and  without  adequate  means  of 
support.  To  these  the  county  often  grants  temporary  out- 
door relief. 

County  Poor  Farm. — Any  county  may  have,  if  the  major- 
ity of  the  voters  so  decide  at  any  special  or  general  election, 
a  county  poor  farm  and  poorhouse.  The  farm  is  to  give 
productive  employment  to  such  of  the  paupers  as  are  able 
to  do  farm  work  of  any  kind.  The  county  commissioners, 
in  counties  having  a  poor  farm,  appoint  a  keeper  of  the 
poor  farm  who  resides  at  the  poorhouse,  looks  after  the 
welfare  of  the  inmates,  and  has  general  control  of  the  farm 
during  his  term  of  office.  A  County  Physician  is  also 
appointed  by  the  commissioners  to  attend  the  county  poor- 
house when  needed. 

County  Hospital. — The  county  commissioners  may  also 
cause  to  be  erected  a  county  detention  hospital,  popularly 
known  as  a  "Pest  House,"  for  the  confinement  of  those 
who  are  suffering  from  contagious  and  infectious  diseases, 
and  who  cannot  be  quarantined  in  their  own  homes.  For 
this  service  the  patient  is  charged  a  regular  hospital  and 
nursing  fee,  which  he  must  pay  if  he  is  able. 

The  County  Afflicted. — The  insane  and  the  feeble-minded 
of  the  county  are  sent  to  State  institutions  for  treatment. 
The  Institution  for  the  Feeble-Minded  is  at  Graf  ton;  the 
Hospital  for  the  Insane  is  at  Jamestown.  The  county  con- 
tributes one  hundred  dollars  a  year  for  each  of  its  residents 
undergoing  treatment  in  these  institutions. 

The  difficult  task  of  determining  who  is  insane  is  now 
turned  over  to  three  men  in  each  county,  known  as  the 
Board  of  Insanity.  The  chairman  of  the  board  is  the  County 


COUNTY,  TOWNSHIP,  VILLAGE  273 

Judge.  The  county  commissioners  appoint  the  two  other 
members.  One  must  be  a  lawyer;  one  must  be  a  doctor. 
Their  term  of  office  is  two  years.  Their  duty  is  to  investi- 
gate alleged  insanity,  and  report  thereon. 

The  State  has  provided  a  School  for  the  Blind  at  Bath- 
gate,  and  for  the  Deaf  and  Dumb  at  Devils  Lake.  The 
county  is  relieved  of  the  care  of  the  blind  and  the  deaf-mute. 

QUESTIONS  ON  THE  TEXT 

1.  Distinguish  clearly  between  organ  and  function  of  local  govern- 

ment. 

2.  Name  six  functions  of  local  government;  five  organs. 

3.  What  does  the  State  constitution  fix  concerning  local  govern- 

ment? 

4.  Define  and  illustrate  "body  politic  and  corporate." 

5.  How  are  new  counties  formed? 

6.  How  are  county  seats  located?     Relocated? 

7.  Give  the  minimum  size  of  a  county. 

8.  Has  the  county  three  branches  of  government?     Explain. 

9.  Locate  and  describe  the  "legislative  branch"  of  county  gov- 

ernment :  number  of  men,  term,  duties. 

10.  Who  is  clerk  of  the  board  of  county  commissioners?    What  is 

the  advantage  of  this? 

11.  Name  the  county  officers.     Their  legal  term  of  office.     Their 

average  term  of  office.     Any  exceptions?     How   chosen? 
Salaries. 

12.  State  the  duties  of  the  county  auditor. 

13.  State  the  duties  of  the  county  treasurer. 

14.  Name  and  define  two  classes  of  duties  of  the  sheriff.    Show  his 

great  responsibility. 

15.  State  the  duties  of  the  clerk  of  court. 

16.  State  the  duties  of  the  register  of  deeds.    His  importance. 

17.  State  the  duties  of  the  State's  attorney.    What  depends  on  him? 

18.  State  the  duties  of  county  judge. 

19.  State  the  duties  of  the  county  superintendent  of  schools.    Show 

his  importance. 


274  THE  STATE  GOVERNMENT  IN  ACTION 

20.  State  the  duties  of  the  public  administrator.     Need  of  this 

officer. 

21.  State  the  duties  of  the  coroner.    Criticize  this  office. 

22.  State  the  duties  of  the  county  surveyor. 

23.  What  are  the  minor  officers  of  the  county,  and  their  duty? 

24.  Why  is  our  township  government  democratic?     Describe  it. 

25.  Name  the  three  functions  of  town  government;  the  seven 

offices.    What  officers  are  elected  annually? 

26.  To  what  things  chiefly  does  the  work  of  township  government 

pertain? 

27.  How  may  a  village  be  incorporated  (two  steps)? 

28.  Give  arguments  for  and  against  incorporation. 

29.  When  is  the  village  election  held?    What  officers  are  chosen? 

Term? 

30.  Is  village  government  democratic?     Why? 

31.  What  three  things  are  our  boards  of  health  trying  to  do  for  us? 

How? 

32.  Describe  the  local  machinery  for  protecting  health. 

33.  Who  has  control  of  the  purse  in  local  government?     Why  is 

this  an  important  thing? 

34.  Describe  fully  the  machinery  for  raising  public  money. 

35.  What  are  its  chief  defects?     Any  remedy? 

36.  What  are  the  two  general  limitations  on  the  borrowing  power? 

37.  Show  the  application  of  these  rules  to  the  county,  township, 

and  village. 

38.  Show  the  need  of  good  roads.    Describe  fully  our  present  road 

system.     Criticize  "working  the  road." 

39.  What  two  changes  are  needed  in  our  road  system?     Where 

can  information  be  obtained  concerning  the  subject  of  good 
roads? 

40.  Show  the  force  that  may  be  used,  if  necessary,  to  preserve  law 

and  order  in  the  county,  township,  and  village. 

41.  Who  oversee  the  poor?    Define  two  kinds  of  poor  relief.    State 

the  arguments  for  and  against  each  kind. 

42.  Describe  poor  relief  in  North  Dakota.     What  three  classes  of 

persons  need  poor  relief? 

43.  What  is  done  for  the  afflicted  in  each  county?    In  what  ways 

does  the  State  help? 


COUNTY,  TOWNSHIP,  VILLAGE  275 

QUESTIONS  SUGGESTED  BY  THE  TEXT 

1.  What  is  the  appointive  power  of  the  county  board? 

2.  Is  your  township  (or  village)  in  debt?    What  for?    How  much? 

3.  Is  your  county  in  debt?     What  for?     How  much? 

4.  Should  only  taxpayers  be  allowed  to  vote  on  a  question  of 

incurring  debt? 

5.  Does  your  county  have  a  poor  farm?    If  so,  tell  the  number 

of  the  inmates  of  the  poorhouse  and  classify  them  as  to 
age  and  sex. 

6.  Secure  a  printed  copy  of  the  proceedings  of  the  board  of  county 

commissioners,  and  discuss  their  powers  and  duties  as  shown 
by  this  report. 

7.  Have  we  too  many  elective  county  offices? 

8.  Should  the  fee  system  be  abolished? 

9.  What  type  of  man  is  needed  for  sheriff?     Why? 

10.  What  is  the  difference  between  a  civil  township  and  a  con- 

gressional township? 

11.  What  is  your  community  doing  to  protect  public  health?    To 

improve  public  health? 

12.  Does  "equalization"  of  assessment  equalize?    Reasons  for  your 

answer? 

13.  What  is  done  in  your  community  to  secure  good  roads? 

14.  What  States  now  have  a  State  Highway  Commission? 

15.  Name  your  county  officers. 

16.  Make  out  a  financial  statement  for  your  county  similar  to  that 

on  page  276. 

REFERENCES 

Fairl'ie,   "Local  Government  in  Counties,  Towns  and  Villages," 

pp.  57-272. 
Publications  of  Office  of  Public  Roads,  Department  of  Agriculture, 

Washington,  D.  C. 
Bulletins  of  State  Public  Health  Laboratory,  University  of  North 

Dakota,  Grand  Forks,  N.  D. 

SPECIAL  REFERENCES 

Proceedings  of  the  Board  of  County  Commissioners  (published  in 
the  three  official  county  papers  after  each  meeting  of  the  board). 
Govt.  No.  Dak. — 18 


276 


THE  STATE  GOVERNMENT  IN  ACTION 


Financial  Statement  of  County   (published  annually  by  county 

auditor) . 

"North  Dakota  Code,"  1905. 
"  North  Dakota  Session  Laws,"  1907,  and  later. 
"Good  Roads  in  North  Dakota,"  by  Wm.  H.  Clark,  Fifth  Biennial 

Report,  North  Dakota  Geological  Survey,  pp.  255-269. 
"Taxation  and  Good  Roads,"  by  I.  A.  Acker,  Proceedings  of  the 

North  Dakota  State  Tax  Association,  Vol.  I. 

COUNTY  FINANCES 
CASS  COUNTY,  NORTH  "DAKOTA,  1908 

(Compiled  from  annual  financial  statements  of  county  auditor 
and  county  treasurer.) 

Expenditures,  January  1  to  December  31 

Education        $38,783.79 

Health 154.00 

Good  Roads 31,524.50 

Police  and  Justice 34,891.75 

District  Court $15,110.28 

Justice  Courts 8,112.02 

County  Courts        ....       3,738.42 

Jail      2,548.93 

Prisoners 5,382.10 

Charity       24,455.98 

County  Hospital    .     .     .     .     16,991.67 

County  poor 4,533.86 

County  insane 1,090.45 

County  physicians      .     .     .       1,840.00 
Salaries  of  county  officers  (includ- 
ing clerks  and  deputies  30,834.77 

Five  commissioners    .     .     .       2,845.95 

Sheriff      .......       2,130.19 

Register  of  Deeds       .     .     .       5,499.84 

Auditor    ....  7,062.42 


COUNTY,  TOWNSHIP,  VILLAGE 


277 


Treasurer $5,407.02 

State's  Attorney    ....  3,066.30 

Supt.  of  Schools     ....  4,407.50 

Surveyor 68.00 

Coroner 347.55 

Courthouse $  1,208.20 

Elections 4,641.06 

County  fair 357.25 

Interest  and  sinking  fund       .     .  14,286.09 

Miscellaneous 11,893.64 

Books  and  stationery      .     .  2,614.88 

Fuel  and  lights       ....  1,893.00 

Printing  and  advertising     .  2,610.45 

Janitor  and  engineer      .     .  1,354.36 

Telephone  and  postage   .     .  980.15 

Sundries        2,485.80 

Total       $193,076.03 

Tax  Rate,  1907: 

State 5.1 

County 5.9 

School       2.0 

Total  Mills 13.0 

Bonded  Debt,  $30,000 


CHAPTER  XXII 

THE  CITY 

"  Two  tests  of  practical  efficiency  may  be  applied  to  the  government 
of  a  city:  What  does  it  provide  for  the  people,  and  what  does  it  cost 
the  people?  " 

"There  is  no  denying  that  the  government  of  cities  is  the  one  con- 
spicuous failure  of  the  United  States."  BRYCE,  "American  Common- 
wealth," Vol.  1,  pp.  606,  608. 

City  Government. — Cities  in  North  Dakota  do  not  enjoy 
"home-rule";  that  is,  they  do  not  choose  their  own  form 
of  government;  they  do  not  write  their  own  charters.  The 
form  of  city  government  is  fixed  by  the  State  constitution 
and  State  laws.  The  constitution,  in  very  general  terms 
only,  speaks  of  cities  as  " municipal  corporations,"  and  says 
that  the  State  legislature  shall  provide  by  general  law  f-or 
their  organization,  restricting  their  powers  as  to  levying 
taxes  and  assessments  and  borrowing  money.  We  must 
look  therefore  to  the  statutes  passed  by  the  State  legisla- 
ture for  our  city  charters.  The  preliminary  requirements 
for  organizing  a  village  as  a  city  with  a  ready-made  charter 
are  these  two:  (1)  the  village  must  have  a  population  of 
at  least  five  hundred;  (2)  the  voters  therein  must  favor  the 
change  by  a  majority  vote. 

City  Election. — To  separate  city  politics  from  State  and 
National  politics,  the  annual  city  election  is  held  in  April. 

Two  Forms  of  City  Government. — The  State  law  pro- 

278 


THE  CITY  279 

vides  two  distinct  forms  of  city  government.  They  are  (1) 
the  Mayor  and  Council  plan,  for  cities  of  any  size;  (2)  the 
Commission  plan,  for  cities  of  over  2,000  population.  Let 
us  compare  these  two  forms. 

I.  THE  MAYOR  AND  COUNCIL  PLAN 

The  Mayor  and  Council  plan  is  patterned  after  the  Fed- 
eral and  State  governments.  It  has  a  legislative  branch,  the 
City  Council;  an  executive  branch,  the  Mayor  and  the  Depart- 
ments, and  a  judicial  branch,  the  Police  Magistrate  and 
City  Justice  of  the  Peace.  Under  this  form  of  city  gov- 
ernment, the  five  elective  offices  of  the  city  are  the  follow- 
ing: office  of  (1)  aldermen,  (2)  mayor,  (3)  treasurer,  (4) 
police  magistrate,  and  (5)  city  justice.  The  -appointive 
officers  of  a  city  are  the  auditor,  city  attorney,  city  assessor, 
health  officer,  and  the  chiefs  or  heads  of  the  various  depart- 
ments such  as  police,  fire,  water,  health,  streets,  etc. 

Elective  officers  are  elected  for  two  years.  Appointive 
officers  are  appointed  for  indefinite  terms. 

1.  Council. — The  council  is  composed  of  the  mayor  and 
two  aldermen  from  each  ward.  The  mayor  presides,  but 
has  no  vote  except  in  case  of  a  tie  vote.  During  his  absence 
the  council  has  one  of  its  own  members  for  a  presiding 
officer.  He  is  known  as  the  president  of  the  council.  The 
powers  of  the  council  fall  under  three  classes :  (1)  Financial 
powers;  (2)  Power  over  Appointments:  (3)  General  Legis- 
lative powers. 

(1)  The  council  has  full  control  over  the  city's  finances. 
It  levies  the  taxes.  It  spends  the  money.  It  may  also 
borrow  money  up  to  the  debt  limit  of  the  city.  This  debt 


280  THE  STATE  GOVERNMENT  IN  ACTION 

limit  is  fixed  by  the  constitution  at  five  per  cent.,  eight  per 
cent.,  or  twelve  per  cent,  of  the  property  valuation  of  the 
city,  depending  on  these  conditions;  the  council  may  borrow 
and  issue  bonds  up  to  the  five  per  cent,  limit  at  any  time; 
the  council  may  increase  this  to  eight  per  cent,  if  authorized 
to  do  so  by  a  two-thirds  vote  of  the  electors;  and  again  the 
council  may  increase  this  four  per  cent,  for  the  purpose  of 
furnishing  the  city  with  waterworks  and  sewers.  This  last 
investment,  however,  brings  in  to  the  city  a  revenue,  and 
hence  is  different  from  expenditures  for  the  other  work  of 
the  city.  The  council  also  has  power  to  levy  "  special  assess- 
ments." This  is  one  species  of  tax  levied  against  property 
to  pay  for  adjoining  improvements  such  as  street  paving, 
city  water  and  sewer  pipes,  and  the  like.  The  property 
benefited  pays  the  special  assessment,  and  in  this  way  the 
enormous  cost  of  city  improvements  is  generally  borne. 

(2)  The   council  has  power   to   confirm  or  reject  the 
appointments  of  the  mayor.    No  appointment  is  valid  till 
confirmed  by  the  council. 

(3)  The  council  is  the  legislative  body  of  the  city.    Like 
Congress  or  the  State  legislature,  it  is  divided  into  numerous 
committees.    Its  regular  meetings  occur  once  a  month,  on 
the  first  Monday  of  the  month.    It  has  very  general  legis- 
lative powers,  as  defined  in  the  city  charter  law  of  the 
State.    For  instance,  it  may  provide  a  system  of  well-kept 
and  well-lighted  streets,  a  police  force,  and  a  fire  depart- 
ment, and  it  may  provide  for  the  regulation  of  various  occu- 
pations and  trades  in  the  city.    It  may  erect  a  city  jail.    It 
may  erect  a  city  hospital.     It  may  "do  all  acts  and  make 
all  regulations  which  may  be  necessary  or  expedient  for  the 


THE  CITY  281 

promotion  of  health  or  the  suppression  of  disease."  A  very 
important  power  of  the  council  is  the  granting  of  franchises. 
"  Communities  may  grant  the  use  of  their  highways  to  pri- 
vate corporations  that  render  important  public  service,  such 
as  street  railways,  telephone  and  telegraph  companies,  and 
water  and  gas  companies.  The  right  to  use  public  prop- 
erty in  this  way  is  called  a  franchise.  In  return  for  the 
privilege  of  a  franchise  the  corporation  must  render  definite 
services  to  the  community,  such  as  supplying  light  of  good 
quality,  water  that  is  pure,  street  car  services  that  can  be 
depended  upon."1  Cities  have  sometimes  given  away  fran- 
chises and  later  bought  them  back,  paying  a  large  price 
for  them.  Cities  in  this  State  cannot  grant  franchises  to 
street  car  companies  for  a  longer  term  than  fifty  years. 

The  legislative  power  of  the  council  extends  to  all  sub- 
jects of  interest  to  the  city  with  two  important  exceptions, 
namely,  Education  and  Parks.  Education  is  in  the  charge 
of  a  Board  of  Education,  independent  of  the  council,  and 
having  power  to  appropriate  money  and  levy  taxes  for  the 
support  of  the  city  schools.  City  parks  are  in  the  charge  of 
a  park  board  (if  the  voters  elect  such  a  board),  independent 
of  the  council,  and  having  power  to  appropriate  money, 
borrow  money,  and  levy  taxes  for  the  purpose  of  creating 
and  maintaining  a  park  system.  Thus  the  citizen  of  a  city 
may  find  himself  taxed  by  his  State,  his  county,  his  city, 
his  school  district,  and  his  park  board.  But  the  law  fixes 
a  limit  to  the  tax  in  each  case,  at  so  many  mills  on  the  dol- 
lar, that  he  may  not  become  overburdened. 

2.  Mayor  and  Departments. — The  mayor  is  the  chief 

1  Dunn,  "The  Community  and  the  Citizen,"  p.  50. 


282  THE  STATE  GOVERNMENT  IN  ACTION 

executive  officer  of  the  city;  he  " shall  take  care  that  the 
laws  and  ordinances  are  faithfully  executed."  His  powers 
and  duties  are  various.  He  presides  over  council  meetings, 
sends  an  annual  message  to  the  council,  and  has  the  veto 
power.  The  council  can  pass  an  ordinance  over  his  veto  by 
a  two-thirds  vote.  He  has  the  power  of  appointment,  with 
the  council's  approval,  of  a  city  auditor,  assessor,  attorney, 
engineer,  health  officer,  chief  of  police  and  policemen,  and 
of  such  other  officers  as  may  by  the  city  council  be  deemed 
necessary  or  expedient.  He  has  the  power  of  removal  of 
any  officer  appointed  by  him  whenever  he  thinks  the  inter- 
ests of  the  city  demand  such  removal,  but  he  must  report 
the  reasons  for  such  removal  to  the  council. 

The  Departments  of  the  city  carry  out  most  of  the 
administrative  work  of  the  city.  The  duties  of  the  city 
auditor,  treasurer,  and  assessor  are  apparent  from  their 
names.  Likewise  the  duties  of  the  police  force. 

The  city  engineer  must  be  a  practical  surveyor.  He 
makes  surveys,  profiles,  plans,  and  estimates  for  the  city 
as  the  council  may  direct. 

The  city  attorney  renders  legal  services  to  the  mayor  and 
council  in  all  cases  where  his  professional  aid  is  needed. 

The  city  board  of  health  is  made  up  as  follows:  four 
aldermen,  appointed  by  the  mayor,  the  city  engineer,  and 
one  physician,  appointed  by  the  mayor.  The  physician  is 
known  as  the  Health  Officer.  It  is  the  duty  of  this  officer 
to  quarantine  properly  all  cases  of  scarlet  fever,  diphtheria, 
or  other  contagious,  epidemic,  or  infectious  diseases  in  the 
city,  regulate  vaccination,  record  vital  statistics,  and  in 
general  to  safeguard  the  health  of  the  people. 


THE  CITY  283 

Various  other  departments  may  be  created  by  the  city 
council  as  needed,  such  as  Fire,  Water,  and  Streets.  The 
charity  work  of  the  North  Dakota  city  is  performed  either 
by  voluntary  associations  of  citizens,  or  by  the  county. 
Free  libraries  exist  in  many  cities;  city  councils  have  power 
to  establish  and  maintain  such  libraries. 

3.  Police  Magistrate  and  City  Justice  of  the  Peace.— 
The  police  magistrate  has  exclusive  jurisdiction  of  all 
offenses  against  the  city.  He  has  concurrent  jurisdiction 
with  the  justices  of  the  peace  of  the  county  in  all  other 
actions,  civil  and  criminal.  The  city  justice  of  the  peace 
has  the  same  functions  and  jurisdiction  as  justices  of  the 
peace  within  his  county. 

II.  THE  COMMISSION  PLAN 

In  1907  North  Dakota  passed  a  law  providing  for  the 
Commission  Plan  of  city  government.  The  first  three  cities 
to  accept  this  plan  were,  in  order,  Mandan,  Bismarck,  and 
Minot.  The  first  city  to  vote  down  the  proposition  of 
changing  to  this  form  of  government  was  Fargo.  When- 
ever a  city  has  reached  a  population  of  2,000  or  over,  it 
may  change  to  the  commission  plan.  The  two  steps  neces- 
sary are:  (1)  A  petition  asking  for  the  change,  and  signed 
by  one  tenth  of  the  voters,  must  be  presented  to  the  mayor 
and  council;  (2)  a  special  election  is  then  held  to  decide  the 
question,  and  a  majority  must  vote  in  favor  of  the  propo- 
sition. 

Under  this  plan  of  city  government,  the  offices  of  mayor 
and  council  are  abolished.  There  is  created,  instead,  a 
commission  of  five  men,  with  all  the  powers  of  the  old 


284  THE  STATE  GOVERNMENT  IN  ACTION 

mayor  and  council  concentrated  in  their  hands.  They  are 
elected  for  a  term  of  four  years.  They  are  elected  at  large, 
and  not  from  any  particular  ward.  One  is  chosen  by  the 
people  as  president  of  the  board  of  city  commissioners. 
The  commission  then  assigns  the  other  four  members  to 
their  appropriate  departments,  namely,  (1)  police  and  fire 
commissioner;  (2)  commissioner  of  streets  and  public  im- 
provements; (3)  waterworks  and  sewerage  commissioner; 
(4)  commissioner  of  finance  and  revenue.  The  president  of 
the  board  acts  as  chief  executive.  Meetings  are  held  once 
a  week,  and  are  open  to  the  public.  An  aye  and  nay  vote 
must  be  taken  (and  recorded  in  the  journal)  on  all  ques- 
tions involving  taxation.  To  give  further  publicity  to  their 
work,  the  commission  must  publish  a  financial  statement 
four  times  a  year. 

The  powers  of  the  commission  we  may  classify  under 
two  heads:  (1)  Power  to  appoint  and  remove;  (2)  general 
legislative  powers. 

(1)  The  commission  has  power  to  appoint  all  officers 
and  subordinates  in  all  the  departments.    It  may  appoint 
a  treasurer,  auditor,  city  attorney,  city  assessor,  city  phy- 
sician, chief  of  fire  department,  chief  of  police,  policemen,  a 
commission  of  public  health,  and  such  other  officers  as  the 
commission  may  deem  necessary.    The  commission  may  re- 
move any  or  all  of  the  appointees  at  will,  after  giving  them 
an  opportunity  to  be  heard  in  their  own  defense.    In  short, 
the  power  of  the  commissioners  to  employ  and  discharge 
men  is  so  ample,  that  full  responsibility  for  the  character 
of  the  city  government  must  rest  entirely  on  their  heads. 

(2)  The  commission  fixes  all  salaries;  it  makes  rules  gov- 


THE  CITY  285 

erning  all  departments;  it  has  the  taxing  power;  and  it  has 
power  to  borrow  money  and  issue  bonds  therefor  under  the 
debt-limitations  laid  down  by  the  constitution. 

'  Franchises  to  public  service  corporations  are  also  granted 
by  the  commission.  The  city  may  furnish  water  and  light 
to  the  inhabitants  from  its  own  municipal  plants,  or  fran- 
chises may  be  granted  by  the  commission  to  water,  gas, 
and  electric  light  companies.  It  may  also  grant  franchises 
to  street  car  companies,  but  not  for  a  longer  term  than 
fifty  years. 

Summary. — The  student  will  note  that  under  this  plan 
of  city  government,  very  great  power  is  concentrated  in 
the  hands  of  five  men,  and  that  they  are  then  held  wholly 
responsible  for  its  use  and  abuse.  Which  is  the  better  plan 
for  North  Dakota  cities  is  a  question  which  must  be  left  to 
each  city  to  decide  for  itself. 

QUESTIONS  ON  THE  TEXT 

1.  Give  Bryce's  test  of  good  city  government:  his  criticism  of 

our  success. 

2.  Show  that  our  cities  do  not  enjoy  home  rule. 

3.  What  is  a  city  charter?     Where  is  it  found? 

4.  Give  the  steps  preliminary  to  organizing  a  city. 

5.  Name  the  two  forms  of  city  government. 

6.  What  are  the  branches  of  government  under  the  first  form? 

7.  Name   the    elective   and   the  appointive  officers   under  this 

form. 

8.  When  is  the  city  election  held?     Why?     Term  of  office  of 

elective  officers. 

9.  How  is  the  council  composed?     Who  presides? 

10.  Give  three  classes  of  powers  exercised  by  the  council. 

11.  State  in  full  the  council's  control  of  city  finances.    Its  limita- 

tions. 


286  THE  STATE  GOVERNMENT  IN  ACTION 

12.  How  are  local  improvements  paid  for?     Explain  this  species 

of  tax. 

13.  How  is  the  legislative  work  of  the  council  carried  on? 

14.  State  the  legislative  powers  of  the  council. 

15.  What  is  a  franchise?     What  is  the  importance  of  franchises? 

16.  What  two  important  functions  are  not  under  the  legislative 

power  of  the  council?     State  why. 

17.  What  are  the  mayor's  powers  and  duties? 

18.  Describe  in  detail,  so  far  as  you  are  able,  the  work  of  the  city 

departments. 

19.  When  did  North  Dakota  pass  a  law  providing  for  the  commis- 

sion plan  of  city  government? 

20.  In  what  respects  does  this  plan  differ  from  the  first  plan? 

21.  How  may  cities  adopt  this  plan? 

22.  Who  are  the  elective  officers  of  a  city  under  this  plan?    How 

elected  and  for  what  term? 

23.  Who  are  the  appointive  officers?     How  appointed  and  re- 

moved?   How  are  salaries  fixed? 

24.  State  in  full  the  powers  and  duties  of  the  commission.     Name 

the  four  departments. 

25.  How  is  publicity  secured? 

26.  How  are  franchises  granted? 

QUESTIONS  SUGGESTED  BY  THE  TEXT 

1.  If  you  live  in  a  city,  secure  the  published  proceedings  of  your 

city  council.  Note  the  subjects  discussed,  and  the  action 
taken  by  the  council. 

2.  How  is  the  charity  work  done  in  your  city? 

3.  Arrange  in  parallel  columns,  the  names  of  the  officers,  their 

powers  and  duties,  and  terms  of  office  under  the  two  forms 
of  city  government. 

4.  Problem :  (a)  What  is  the  tax  levy  limit  (in  mills)  for  the  State, 

county,  city,  school,  and  park  district?  (b)  Find  a  tax- 
payer's maximum  burden  of  taxation  when  he  is  assessed 
at  $1,000,  it  being  granted  that  he  pays  a  tax  for  each  district 
named  above,  and  that  the  tax  limit  is  reached  in  each 
district.  Work  out  the  same  problem  for  a  man  who  lives 


THE  CITY  287 

in  the  country  and  pays   a    State,   county,  township,  and 
school  tax.     Compare  answers. 
5.  Name  five  States  having  home  rule  cities. 

REFERENCES 

Wilcox,  "American  City." 
Eaton,  "The  Government  of  Municipalities." 
Zueblin,  "American  Municipal  Progress." 
Fairlie,  "Municipal  Administration." 
Goodnow,  "City  Government  in  the  United  States." 
National  Conference  for  Good  City  Government,  "Annual  Pro- 
ceedings" (1893—). 
Steffens,  "The  Shame  of  the  Cities." 
Bryce,  "American  Commonwealth,"  Vol.  1,  Chs.  50-52. 

SPECIAL  REFERENCES  ON  THE  COMMISSION  PLAN 

"The    Galveston    Plan,"    by    George    Kibbie    Turner,    McClure's 

Magazine,  October,  1906. 

Mayor's  Annual  Report,  City  of  Houston  (Texas),  1908. 
Conferences  for  Good  City  Government: 

1902,  p.  322,  "The  City  as  a  Business  Corporation,"  by  Laurence 

Minot. 

1906,  p.  181,  "The  Success  of  the  Galveston  Experiment,"  by 
E.  R.  Cheeseborough. 

1907,  pp.  142,  156,  166. 
1909,  p.  217. 

NORTH  DAKOTA  CITY  CHARTERS 
1905  Code. 
1907  Session  Laws,  Ch.  45. 


CHAPTER  XXIII 

ELECTIONS  AND  POLITICAL  PARTIES 

• 
"  Universal  suffrage,  as  it  now  exists  in  the  United  States  is  not  only 

a  great  element  of  safety  in  the  present  day  and  generation,  but  is 
perhaps  the  mightiest  educational  force  to  which  the  masses  of  men 
ever  have  been  exposed."  BBYCE,  "American  Commonwealth," 
Vol.  1,  p.  635. 

Since  good  government  depends  so  largely  on  the  char- 
acter of  the  men  in  office,  it  is  very  important  that  we 
understand  clearly  our  methods  of  choosing  men  for  office. 
This  chapter  describes  (1)  Nominations,  (2)  the  Campaign, 
and  (3)  Election. 

1.  Nominations. — The  law  of  our  State  requires  the 
county  auditor  to  provide  ballots  for  every  election  in 
which  his  county  participates,  and  "he  shall  cause  to  be 
printed  on  the  ballots  the  name  of  each  candidate/'1 

This  imposes  on  the  county  auditor  an  important  duty. 
Who  shall  be  named  on  the  ballot,  that  is,  " nominated"? 
The  answer  to  this  question  is  an  explanation  of  one  of  the 
greatest  problems  in  our  government  to-day,  namely,  that 
of  political  parties  and  nominations. 

Need  of  Nominations. — If  at  an  election  each  voter 
should  cast  his  vote  for  the  man  of  his  individual  choice, 
it  might  easily  happen  that  among  the  many  men  voted  for 
no  one  would  receive  a  majority  of  votes,  and  no  one  would 

1  "North  Dakota  Code  of  1905,"  Sec.  615. 

288 


ELECTIONS  AND  POLITICAL  PARTIES  289 

fairly  represent  a  large  number  of  citizens.  It  is  evidently 
best  that  the  choice  of  the  voters  be  limited  to  a  few  men 
who  are  nominated  in  advance  as  the  regular  candidates 
for  the  office  in  question.  They  may  be  "  party  "  candidates 
or  "  independent "  candidates.  There  has  grown  up  in  this 
country  a  custom,  therefore,  of  nominating  candidates  by 
political  parties;  hence  each  voter  casts  his  vote  for  a  candi- 
date who  has  already  been  nominated,  and  whose  name  is 
printed  on  the  ballot  by  the  county  auditor.  Let  us  ex- 
amine the  method  by  which  this  nomination  is  made. 

Method  of  Nominating.  A .  The  Old  Way — Caucus  and 
Convention  System. — Prior  to  1905  in  North  Dakota  the 
county  auditor  placed  such  names  on  the  ballot  as  were 
properly  certified  to  him  by  each  political  party.  The 
method  was  very  simple.  Each  party,  according  to  the 
law,  held  a  caucus  in  each  voting  precinct,  where  delegates 
were  chosen  to  a  county  convention.  Here  candidates  for 
county  office  were  nominated  and  delegates  chosen  for  a 
State  convention.  In  the  State  convention  candidates  for 
State  office  were  nominated.  The  presiding  officer  and  sec- 
retary of  each  convention  signed  and  certified  the  conven- 
tion's list  of  nominations.  These  nominations,  upon  reach- 
ing the  county  auditor,  were  then  looked  upon  as  the 
regular  party  nominations,  and  as  such  were  printed  under 
the  party's  name  on  the  ballot.  But,  in  practice,  only  a 
few  people  ever  interested  themselves  in  nominating  can- 
didates. This  system  led  naturally  to  strong  party  organ- 
ization, and  this  "organization"  came  to  be  known  by  its 
enemies  as  the  "machine."  With  the  machine  came  the 
"boss"  and  the  "ring." 


290  THE  STATE  GOVERNMENT  IN  ACTION 

"It  is  the  business  of  a  boss/'  says  an  astute  writer,  "to 
provide  a  candidate  for  every  elective  office;  of  course,  if 
he  be  a  wise  boss,  he  will  weigh  and  welcome  suggestions, 
from  whatever  source  they  may  come,  which  can  aid  him 
to  do  this  work  satisfactorily — at  least  to  himself.  More- 
over, since  a  boss,  like  Saturn,  is  usually  encircled  by  a 
'ring/  or  usually  by  two  or  more  concentric  rings,  he  is 
habitually  assisted  in  his  labor  by  the  counsels  of  his  lieu- 
tenants and  apprentice  bosses,  retaining,  however,  for  him- 
self the  last  word  as  to  these  matters  and  as  to  all  others. 
Where  legalized  primaries  [caucuses]  exist,  he  must,  in 
substance,  submit  his  report  as  a  Nominating  Committee 
of  one,  to  such  voters  of  his  party  as  may  choose  to  attend 
these  primaries;  and  it  is  possible  that  his  report  may  be 
wholly  or  in  part  rejected  [but  this  is  very  unlikely].  In 
any  event  the  legal  voters  will  pass  upon  his  recommen- 
dations at  the  polls."1  If  one  party  is  strong  and  confident, 
the  candidate  need  not  possess  great  merit.  If  there  are  two 
strong  parties  and  many  independent  voters,  the  boss  must 
select  a  candidate  carefully.  "We  must  first  realize/7  con- 
tinues the  writer  just  quoted,  "that  the  duties  thus  dis- 
charged by  the  boss  are  laborious  and  unpleasant  duties, 
unpleasant  even  to  the  boss.  .  .  .  Men  of  the  right  sort 
for  the  office  to  be  filled  must  be  not  only  discovered,  but 
urged,  entreated,  persuaded,  even  hectored,  wheedled,  or 
in  some  sort  bullied  into  making  the  sacrifices  involved  for 
a  capable  and  well-trained  American  of  high  character  in 
serving  the  public." 

1  Chas.  J.   Bonaparte,   "The  Elective  Boss,"  Outlook,  Vol.  93,  p.  773. 
December  4,  1909. 


ELECTIONS  AND  POLITICAL  PARTIES  291 

The  caucus  and  convention  system  has  been  abolished  in 
North  Dakota  for  all  candidates  save  those  for  the  offices  of 
President  and  Vice  President  of  the  United  States. 

B.  The  New  Way— The  Primary  Election.— In  1905 
North  Dakota  passed  a  Primary  Election  Law,  and  in  1907 
this  law  was  greatly  extended.1  The  law  aims  to  do  away 
with  the  boss,  but  maintains  the  system  of  nominating 
by  a  political  party.  It  does  this  by  abolishing  the  old 
caucus  and  conventions,  and  putting  in  their  place  one 
"  primary  election/'  held  in  the  month  of  June,  for  the 
purpose  of  naming  the  various  candidates. 

•'There  shall  be  held,"  says  the  law,  "in  lieu  of  party 
caucuses  and  conventions,  a  primary  election  in  the  various 
voting  precincts  of  the  State,  for  the  nomination  of  candi- 
dates for  the  following  offices  to  be  voted  for  at  the  ensuing 
general  election,  viz.,  members  of  Congress,  State  officers, 
county  officers,  district  assessors,  and  the  following  officers 
on  the  years  of  their  regular  election,  viz.:  Judges  of  the 
supreme  and  district  courts,  members  of  the  legislative 
assembly  and  county  commissioners,  and  United  States 
senator  in  the  year  previous  to  his  election  by  the  legisla- 
tive assembly;  provided,  however,  that  the  provisions  of 
this  act  shall  not  be  construed  to  include  or  provide  for  the 
nomination  of  presidential  electors  or  delegates  to  national 
conventions.  Such  delegates  to  national  conventions  shall 
be  nominated  and  elected,  and  presidential  electors  nom- 
inated as  now  or  hereafter  may  be  provided  for  by  the 
various  State  central  committees." 

The  candidate  seeking  nomination  for  a  county,  State, 

1  "Session  Laws  of  North  Dakota,"  1907,  Ch.  109. 
Govt.  No.  Dak.— 19 


292  THE  STATE  GOVERNMENT  IN  ACTION 

or  Congressional  office  must  first  circulate  a  petition  and 
secure  the  requisite  number  of  signers.  This  entitles  him 
to  a  place  on  the  primary  ballot  in  June.  He  is  probably 
one  of  several  candidates  seeking  nomination  to  the  same 
office.  The  primary  election  then  determines  which  candi- 
dates are  duly  nominated  to  represent  their  party  in  the 
regular  November  election.  The  voter  at  the  primary  elec- 
tion must  call  for  the  ballot  of  his  party.  Each  party  has 
a  separate  and  distinct  ballot. 

The  first  function  of  the  primary  election,  then,  is  to 
nominate  party  candidates  for  office. 

The  second  function  of  the  primary  election,  now  to  be 
described,  is  the  duty  of  electing  party  committees  and  thus 
preserving  political  parties.  At  the  primary  each  voter  may 
write  (in  a  space  left  for  that  purpose)  the  names  of  not  to 
exceed  three  qualified  electors  of  the  precinct  for  members 
of  his  party  precinct  committee.  The  three  having  the 
highest  number  of  votes  constitute  such  committee,  and 
the  one  having  the  largest  number  is  the  chairman.  The 
chairman  of  these  various  precinct  committees  form  the 
county  committee  of  each  county.  The  county  committee 
must  meet  (in  August  following  the  primary)  and  organize 
by  selecting  a  chairman,  a  secretary,  and  a  treasurer.  This 
committee  also  selects  one  person  as  member  of  the  State 
central  committee.  The  State  central  committee  meets  in 
September  at  the  State  capital  and  organizes,  and  may 
issue  a  party  platform.  To  this  State  central  committee 
falls  the  duty  of  nominating,  or  providing  for  the  nomina- 
tion of,  the  presidential  electors,  and  the  second  duty  of 
providing  for  the  party's  representation  in  the  national 


ELECTIONS  AND  POLITICAL  PARTIES  293 

committee  and  in  the  national  convention  that  nominates 
the  President  and  Vice  President.  We  see  by  this  brief 
description  that  a  complete  system  of  party  organization 
is  provided  for. 

There  are  three  other  important  things  to  be  noted  in 
connection  with  the  Primary  Election  Law  above  described. 

A  separate,  nmipartisan  judiciary  ballot  is  provided  for 
the  nomination  of  supreme  and  district  judges,  as  described 
in  Chapter  XIX. 

United  States  Senators  can  only  be  nominated  by  the 
voters;  they  must  still  be  elected  by  the  legislative  assem- 
bly, according  to  the  provisions  of  the  United  States  Con- 
stitution. 

The  primary  election  in  cities  is  held  in  March,  when 
candidates  are  named  for  the  elective  offices,  to  be  filled  at 
the  regular  April  election.  The  city  auditor  must  see  that 
duly  nominated  candidates  are  listed  on  the  ballots. 

C.  A  Third  Way  of  Nominating — Independent  Nomina- 
tions.— For  a  candidate  seeking  office,  who  does  not  desire 
to  run  for  office  as  the  nominee  of  any  political  party,  there 
is  one  method  open.  By  petition,  he  may  have  his  name 
placed  on  the  regular  election  ballot,  in  a  separate  column 
marked  "  Individual  Nominations."  Nominations  made  by 
this  method,  if  successful,  would  tend  to  alter  and  even 
abolish  present  political  parties.  For  obvious  reasons  this 
method  in  actual  practice  is  confined  almost  wholly  to  city 
elections.  A  candidate  without  the  support  of  a  political 
party  is  usually  defeated  at  the  election. 

2.  The  Campaign. — Between  the  nomination  and  the 
election  of  the  candidate  comes  the  political  campaign. 


294  THE  STATE  GOVERNMENT  IN  ACTION 

We  might  say  that  the  two  great  functions  of  a  political 
party  have  long  been  to  nominate  candidates  and  to  con- 
duct the  preelection  campaign.  Parties  have  stood  the 
expense  of  this,  and  the  expense  is  frequently  great. 
Speakers  and  campaign  literature  must  be  sent  out.  Under 
the  third  system  of  nomination — the  independent  or  non- 
partisan  plan — the  candidate  himself  must  usually  conduct 
and  finance  his  own  campaign. 

3.  The  Election. — The  qualifications  for  voting  are  set 
by  the  constitution  of  the  State.  There  are  two  classes 
of  electors.  (1)  Every  male  citizen  of  the  United  States, 
21  years  old  or  over,  who  has  resided  in  the  State  one 
year,  in  the  county  six  months,  and  in  the  precinct  ninety 
days.  This  includes  civilized  Indians  who  have  given  up 
their  tribal  relations,  and  naturalized  foreigners,  but  not 
foreigners  who  have  taken  out  only  their  first  papers.  (2) 
Female  citizens,  with  the  qualifications  described  above, 
may  vote  in  all  school  elections,  including  election  of  county 
and  State  superintendent. 

Voting  is  done  by  "secret  ballot."  That  is,  the  voter 
receives  his  ballot,  withdraws  with  it  into  a  private  booth 
where  no  one  can  see  him  mark  it,  folds  it,  and  sees  it 
deposited  in  the  ballot  box  still  folded.  The  "Australian 
ballot"  is  now  in  general  use.  This  is  a  ballot  containing 
on  one  sheet,  in  parallel  columns,  the  names  of  all  the 
parties  and  all  the  candidates.  This  ballot  enables  the 
voter  to  vote  a  secret  ballot,  and  a  ballot,  therefore,  which 
is  harder  to  control  by  corrupt  means. 

The  usual  officers  of  an  election  are  the  inspector,  two 
judges  (one  belonging  to  each  leading  political  party),  and 


ELECTIONS  AND  POLITICAL  PARTIES  295 

two  clerks,  who  keep  a  record  of  the  names  of  those  voting, 
in  order  to  prevent  "  repeating."  In  villages  and  cities  of 
over  eight  hundred  population,  the  law  requires  a  registra- 
tion of  voters  before  election  day,  to  prevent  repeating  and 
other  election  frauds. 

In  our  form  of  government  very  much  depends  on  an 
intelligent  and  pure  nomination  of  candidates  for  office  and 
on  an  enlightened  and  clean  vote  at  the  election.  "The 
fate  of  republican  government,"  says  Hart,  "  depends  upon 
the  ability  of  the  people  to  express  their  will  without 
influence  or  fraud.  To  stuff  registration  lists  with  fictitious 
names,  to  miscount  the  votes,  to  throw  out  legal  votes  on 
small  technicalities,  to  accept  ballots  made  up  in  defiance 
of  the  provisions  of  law — these  are  betrayals  of  republican 
government  in  the  hands  of  its  friends."1 

QUESTIONS  ON  THE  TEXT 

1.  What  does  Bryce  consider  the  effect  of  universal  suffrage  to  be? 

2.  What  are  the  three  ways  of  nominating  candidates  for  office? 

3.  State  the  election  duties  of  the  county  auditor. 

4.  State  the  need  of  nominations. 

5.  Explain  in  detail  the  old  way  of  nominating  candidates  in  this 

State. 

6.  What  is  the  name  of  this  system?    What  did  it  lead  to? 

7.  Define  and  describe  fully,  the  boss,  ring,  and  machine. 

8.  Did  the  boss  have  a  real  public  service  to  perform?     Why? 

9.  Give  in  detail  the  provisions  of  the  Primary  Election  Law  of 

this  State:  aim,  date  of  primary  election  held,  what  offices 
affected,  methods  of  making  nominations. 

10.  What  is  the  second  function  of  the  primary  election?    Explain 

the  existing  committee  system. 

11.  How  are  judges  nominated? 

1  Hart,  "Actual  Government,"  p.  85. 


296  THE  STATE  GOVERNMENT  IN  ACTION 

12.  How  are  United  States  Senators  nominated? 

13.  How  is  the  President  nominated? 

14.  Do  cities  have  a  primary  election? 

15.  Is  a  primary  election  nomination  a  party  nomination?     Ex- 

plain. 

16.  How  may  a  citizen  secure  a  nonpartisan  nomination  for  office? 

17.  What  are  the  advantages  and  disadvantages  of  this  method? 

18.  Describe  a  political  campaign. 

19.  Discuss  the  election :  qualifications  of  voters  (two  classes) ;  the 

ballot;  officers  of  election;  need  of  and  significance  of  clean 
elections. 


QUESTIONS  SUGGESTED  BY  THE  TEXT 

1.  Discuss  (a)  evils,  and  (b)  benefits  of  political  parties. 

2.  Should  we  have  nonpartisan  nominations?     Is  this  possible? 

3.  State  the  arguments  for  and  against  "  independent "  nomina- 

tions. 

4.  What  is  the  ideal  way  of  nominating  candidates  for  office? 

5.  Should  we  elect  a  boss?     Reasons  for  and  against. 

6.  Compare  the  oid  way  and  the  new  way  of  making  nominations 

in  North  Dakota. 

REFERENCES 

For  Election  Laws,  see  "  North  Dakota  Code,"  1905,  Ch.  8;  Session 
Laws,  1907,  Ch.  109;  Session  Laws,  1909,  Ch.  32. 

For  a  general  discussion  of  the  party  system,  the  machine,  rings, 
and  bosses,  see  Bryce,  "American  Commonwealth,"  Vol.  2, 
Chs.  53-75;  Hart,  "Actual  Government,"  Chs.  4,  5. 


CHAPTER  XXIV 

REVENUE  AND  EXPENDITURE 

"  The  legislative  assembly  shall  provide  for  raising  revenue  sufficient 
to  defray  the  expenses  of  the  State  for  each  year  .  .  .  and  also  a  suf- 
ficient sum  to  pay  the  interest  on  the  State  debt."  State  Consti- 
tution, Sec.  174. 

Introductory. — For  what  purposes  may  a  State  properly 
spend  money?  Many  great  thinkers  have  tried  in  vain  to 
show  what  are  the  "  proper  functions  of  the  State."  As 
yet  very  few  principles  governing  this  question  have  been 
established.  Expenditures  must  be  constitutional;  they 
must  be  for  a  public  purpose.  Expenditures  for  the  legis- 
lative, executive,  and  judicial  branches  are  of  course  neces- 
sary and  proper.  Other  expenditures  are  frequently  made, 
and  each  case,  as  it  comes  before  the  legislative  assembly, 
must  be  settled  on  its  own  merits.  For  instance,  may  the 
State  own  and  operate  a  street  railway?  Yes,  the  State  has 
done  so,  at  Bismarck.  May  the  State  manufacture  and  sell 
commodities  to  the  farmers?  The  State  does  manufacture 
and  sell  binder  twine,  in  connection  with  the  State  prison. 

A  similar  question  arises  as  to  State  revenue;  what  is  a 
proper  source  of  income?  Where  shall  the  money  come 
from?  This  too  must  be  settled  by  the  legislature.  In  this 
chapter  we  shall  merely  examine  and  classify  the  objects  of 
expenditure,  and  likewise  study  and  classify  the  sources  of 

297 


298  THE  STATE  GOVERNMENT  IN  ACTION 

income.  But  the  student  will  bear  in  mind  that  the  objects 
of  expenditure  and  the  sources  of  income  are  not  fixed,  but 
vary  somewhat  from  decade  to  decade  as  the  State  grows 
older  and  new  conditions  arise. 

1.  Expenditures. — There  is  a  limit,  fixed  by  the  consti- 
tution, to  the  amount  which  the  State  may  expend;  for  the 
taxes  laid  by  the  legislature  must  not  "  exceed  in  any  one 
year  four  (4)  mills  on  the  dollar  of  the  assessed  valuation 
of  all  taxable  property  in  the  State,"  in  addition  to  enough 
money  to  pay  the  interest  on  the  small  State  debt.  As  we 
shall  note  under  "Sources  of  Revenue"  below,  the  State 
has  a  large  income  from  other  sources  than  taxation,  and 
this  must  be  added  to  the  four-mill  tax  limit  to  find  the 
actual  limitation  oji  expenditures.  The  constitution  limits 
the  objects  as  well  as  the  amount  of  expenditures.  Money 
cannot  be  used  for  private  purposes,  or  to  assist  in  internal 
improvements.  This  important  clause  of  the  constitution 
reads  as  follows:  "Section  185.  Neither  the  State,  nor  any 
county,  city,  township,  town,  school  district  nor  any  other 
political  subdivision  shall  loan  or  give  its  credit  or  make  any 
donations  to  or  in  aid  of  any  individual,  association  or  cor- 
poration, except  for  necessary  support  of  the  poor,  nor  sub- 
scribe to  or  become  the  owner  of  the  capital  stock  of  any 
association  or  corporation,  nor  shall  the  State  engage  in  any 
work  of  internal  improvement  unless  authorized  by  a  two- 
thirds  vote  of  the  people."  Since  "  internal  improvements  " 
include  wagon  roads,  the  State  cannot  assist  the  county  or 
township  in  constructing  good  roads,  unless  authorized  so 
to  do  by  a  two-thirds  vote  of  the  people. 

These   constitutional   limitations   on   the   amount   and 


REVENUE  AND  EXPENDITURE  299 

objects  of  expenditure  have  been  placed  on  the  legislative 
assembly  because  the  experience  of  other  States,  without 
such  limitations,  has  been  full  of  bitter  lessons.  If  these 
limitations  are  too  narrow,  they  can  be  changed  by  amend- 
ing the  constitution. 

Objects  of  expenditure. — The  expenditures  of  the  State 
may  be  classified  under  fifteen  heads,  as  shown  on  the 
table  below. 

EXPENDITURES,  1906 

1.  State  Legislature  (Not  in  session) 

a.  Members        

.    b.  Other  expenses       $  4,459.63 


$        4,459.63 

2.  State  Executive  Department 

a.  Eight  executive  officers       .     .  $44,588.23 

b.  Boards,  Commissions,  etc     .     .     76,593.80 

c.  Law  enforcement,    Rewards, 

etc.,       9,814.72 

-  $     130,996.75 

3.  State  Judiciary  (Supreme  and  District  Courts)  51,651.00 

4.  Education  (Public  School  System) 546,660.21 

5.  State  Institutions 1,149,952.06 

6.  Trustees  of  Institutions 6,830.39 

7.  Militia • 13,349.49 

8.  Printing 17,984.66 

9.  Interest -       40,911.97 

10.  Bounties  and  Subsidies  (Wolf  Bounty)     .     .     .  32,475.50 

11.  Fairs  and  Celebrations 15,262.00 

12.  Historical  Society 2,389.67 

13.  State  Library 1,598.66 

14.  Miscellaneous 54,021.28 

15.  Debt  paid 6,350.00 


Total  expended $2,074,893.27 


300  THE  STATE  GOVERNMENT  IN  ACTION 

Total  expended   (p.  299) $2,074,893.27 

Permanent  funds  invested 339,559.87 

Balance  on  hand        985,579.23 


Total  transactions $3,400,032.37 

The  largest  item  of  expense  is  for  the  State  institutions. 
Education  is  paid  for  by  taxation  by  the  local  school  dis- 
trict, to  a  large  extent,  and  hence  is  not  a  large  object  of 
expenditure  by  the  State.  As  explained  later  in  the  chap- 
ter on  Education,  the  State  has  a  large  Permanent  School 
Fund,  and  does  not  raise  money  by  taxation  to  support  the 
public  schools.  To  find  the  cost  of  education,  we  must  add 
the  State  and  local  expenditures  together.  The  State  has  a 
large  annual  outlay  for  "bounties,"  this  sum  being  given 
for  the  killing  of  wolves.  The  State  has,  at  various  times, 
given  money  to  encourage  the  planting  of  trees,  the  manu- 
facture of  starch  from  potatoes,  the  promotion  of  the  sugar- 
.beet  industry,  etc.,  but  it  is  a  debatable  question  whether 
these  are  " proper"  objects  of  expenditure. 

2.  Revenue. — The  amount  of  the  State 's  income  is  deter- 
mined by  the  amount  of  the  expenditures.  The  income 
must,  of  course,  be  large  enough  to  cover  all  expenses.  The 
sources  of  revenue  are  classified  and  exhibited  in  the  table 
below : 

REVENUE,  1906 

1.  Tax       $1,014,938.85 

2.  Fees  and  Licenses        84,970.81 

3.  Fines  and  Forfeitures 15,914.38 

4.  Industries 317,111.29 

a.  Street  Railway $  1,406.85 

b.  Twine  Plant 315,704.44 


5. 

6. 

7. 
8. 

REVENUE  AND  EXPENDITURE 
Land     S 

301 
&1,040,910.77 

450,671.62 
34,451.64 
26,579.49 

a.  Rent       
b.  Sale        
c.  Interest  on  "land  contracts" 
Interest      

.  $  64,315.32 
.  768,781.69 
.  207,813.76 

United  States 

Miscellaneous      

Total  Receipts       $2,985,548.85 

Invested  funds  returned  for  reinvestment  .     .     .  42,289.02 

Balance  on  hand  372,194.50 


Total  Transactions $3,400,032.37 

Let  us  now  examine  these  sources  of  income,  taking  them 
up  mostly  in  reverse  order. 

United  States. — The  Federal  government  makes  a  large 
donation  to  the  State  each  year  to  promote  education  and 
the  art  and  science  of  agriculture.  Aid  is  also  given  to  the 
State  Soldiers'  Home. 

Invested  Funds  Returned. — It  is  very  evident  that  as 
the  State  sells  its  public  lands  (some  3,000,000  acres,  the 
minimum  price  being  $10  an  acre),  there  arises  a  vast  cash 
fund,  which  cannot  be  expended.  It  is  a  permanent  fund. 
It  must  be  invested,  and  only  its  income  used,  as  explained 
under  "Land"  below.  As  these  invested  funds  fall  due 
from  time  to  time,  they  are,  of  course,  paid  in  for  reinvest- 
ment. No  other  use  can  be  made  of  them. 

Interest. — The  invested,  permanent  funds  of  the  State 
grow  larger  year  by  year.  The  interest,  accordingly,  from 
these  funds,  grows  larger  also.  This  income  can  be  used 
only  for  specific  purposes — for  the  support  of  public  schools, 
and  for  the  support  of  those  State  institutions  which  have  a 


302  THE  STATE  GOVERNMENT  IN  ACTION 

land  grant  (see  page  214).  The  rate  of  interest  received 
on  these  permanent  funds  varies  from  four  to  six  per  cent. 
The  State  constitution  limits  the  investment  of  these  funds 
strictly  to  the  following  four  classes  of  investment:  (1) 
North  Dakota  State,  county,  city,  township,  school  district, 
and  drainage  bonds;  (2)  bonds  of  other  States  that  have 
never  repudiated  any  of  their  indebtedness,  (3)  United 
States  bonds;  (4)  first  mortgages  on  North  Dakota  farm 
lands,  not  exceeding  one  third  the  actual  value  of  the 
land. 

Land. — By  the  terms  of  the  Enabling  Act,  the  State 
became  a  large  landlord.  Income  is  derived  from  this  land 
in  the  following  three  ways :  (1)  rent;  (2)  sale;  (3)  inter- 
est on  land  contracts.  Land  is  rented  at  auction  to  the 
highest  bidder,  the  renter  having  the  right  to  use  it  for 
meadow  or  pasture  purposes,  but  not  to  break  the  sod. 
In  some  cases,  where  the  land  cannot  be  rented  for  a  fair 
price,  a  "hay  permit"  is  sold  for  a  few  dollars,  giving  the 
purchaser  the  right  to  cut  the  year's  hay  crop.  Public 
lands  in  each  country  are  appraised  by  a  board  (county 
auditor,  county  superintendent  of  schools,  chairman  of 
board  of  county  commissioners),  and  then  offered  for  sale 
at  a  public  auction  to  the  highest  bidder.  The  bid  must  be 
as  high  at  least  as  the  appraised  value.  Some  land  has  sold 
as  high  as  fifty  dollars  an  acre;  it  cannot  be  sold  for  less 
than  ten.  Since  much  public  land  in  the  undeveloped  parts 
of  the  State  is  not  yet  worth  ten  dollars  an  acre,  it  must 
remain  unsold  until  its  value  has  risen.  Meanwhile  it  can 
be  rented,  or  "hay  permits"  to  it  can  be  sold,  or  it  can  be 
left  idle. 


REVENUE  AND  EXPENDITURE         303 

The  sale  of  lands  brings  in  a  large  income  to  the  State. 
The  general  control  of  public  lands  and  of  income  from  their 
sale  is  in  the  hands  of  a  very  important  State  board,  namely, 
the  Board  of  University  and  School  Lands.  This  board  is 
composed  of  five  persons,  the  governor,  superintendent  of 
public  instruction,  attorney-general,  secretary  of  state,  and 
State  auditor.  This  board  appoints  a  Land  Commissioner 
to  carry  out  the  actual  administration  of  the  lands,  their 
appraisement,  sale,  rental,  and  the  investment  of  funds 
arising  therefrom.  The  proceeds  from  land  sales  are 
sacredly  guarded  by  the  State  constitution  in  these  words: 
"The  proceeds  of  all  such  lands  .  .  .  shall  be  and  remain 
perpetual  funds,  the  interest  and  income  of  which,  together 
with  the  rents  of  all  such  lands  as  may  remain  unsold, 
shall  be  inviolably  appropriated  and  applied  to  the  specific 
objects  of  the  original  grants  or  gifts.  The  principal  of 
every  such  fund  may  be  increased  but  shall  never  be  dimin- 
ished, and  the  interest  and  income  only  shall  be  used. 
Every  such  fund  shall  be  deemed  a  trust  fund  held  by  the 
State,  and  the  State  shall  make  good  all  losses  thereof." 

The  " interest  and  income"  referred  to  above  comes  from 
three  sources — rent,  hay  permits,  and  interest  on  land  con- 
tracts. 

Interest  on  land  contracts  arises  in  this  manner.  The 
public  lands  are  sold  on  twenty  years'  time.  The  purchaser 
pays  one  fifth  down  in  cash;  one-fifth  at  the  end  of  five, 
ten,  fifteen,  and  twenty  years  respectively.  When  the  first 
payment  is  made,  the  State  gives  the  purchaser  not  a  deed, 
but  a  land  contract.  The  purchaser  pays  six  per  cent, 
interest,  in  advance,  on  the  amount  due  the  State.  This 


304  THE  STATE  GOVERNMENT  IN  ACTION 

he  does  annually  for  twenty  years,  till  the  land  is  entirely 
paid  for.  He  then  receives  a  deed. 

Industries. — The  State  does  not  operate  any  industries 
for  the  sake  of  making  money.  A  small  trolley  line  was 
constructed  and  operated  by  the  State  at  the  capital  city 
to  supply  an  urgent  need  of  transportation  facilities.  The 
twine  plant  at  the  State  prison  benefits  the  prisoners 
by  giving  them  healthful  employment,  and  at  the  same 
time  furnishes  to  the  wheat  growers  of  the  State  binder 
twine  at  a  low  price.  A  few  other  industries  are  con- 
ducted by  the  State,  and  incidentally  produce  a  small 
revenue. 

Fines,  Forfeitures,  Fees,  Licenses. — Violation  of  certain 
State  laws  is  punished  by  fines  or  forfeitures.  This  is  a 
small  source  of  revenue.  Many  corporations  pay  small  fees 
to  the  State  for  the  privilege  of  doing  business,  for  securing 
charters,  and  so  on.  The  State  oil  inspector  and  certain 
other  officials  collect  fees  for  the  services  which  they  render, 
and  turn  these  fees  over  to  the  State  treasury.  This  is  a 
source  of  revenue  of  growing  importance. 

Taxation. — It  is  from  direct  taxation  that  the  running 
expenses  of  the  State  are  very  largely  met.  A  careful 
study  of  the  table  of  revenue,  pages  300,  301,  will  make 
this  very  apparent. 

The  amount  of  State  tax  to  be  levied  for  current  expenses 
is  limited  by  the  constitution  to  four  mills  on  the  dollar,  or 
two  fifths  of  one  per  cent,  of  the  assessed  valuation  of  the 
taxable  property  of  the  State;  except  that  enough  money 
may  be  raised  in  addition  for  the  payment  of  interest  on 
the  public  debt,  which  is  a  very  small  item  indeed. 


REVENUE  AND  EXPENDITURE         305 

State  taxes  are  of  three  kinds,  as  follows:  (1)  General 
Property  Tax,  (2)  Corporation  Tax,  (3)  Inheritance 
Tax. 

The  General  Property  Tax  is  depended  on  by  the  State, 
as  by  the  local  subdivisions,  for  the  bulk  of  revenue.  The 
assessment  of  property  by  the  local  assessor  (under  the 
general  property  tax  system),  the  " equalizing"  of  the 
assessment,  and  the  collection  of  the  tax  by  the  county 
treasurer  are  all  described  in  a  preceding  chapter  (page  264). 
We  may  merely  add  at  this  point  an  account  of  the 
work  of  the  State  Board  of  Equalization.  This  board  is 
composed  of  five  persons — the  governor,  auditor,  treasurer, 
attorney-general,  and  commissioner  of  agriculture  and 
labor.  The  State  legislature,  of  course,  spends  the  money, 
that  is,  makes  the  appropriations  for  the  various  State 
purposes.  This  amounts  to  the  same  thing  as  saying  that 
the  State  legislature  levies  the  tax  on  the  people.  The 
amount  of  the  appropriation  being  known,  the  State  board 
of  equalization  determines  and  announces  the  " rate"  of  the 
tax.  The  ''equalized"  assessment  of  each  county  is  before 
this  board  at  its  annual  meeting.  The  important  duties  of 
the  board  are  twofold:  First,  it  must  equalize  classes  of 
property  as  between  different  counties;  second,  it  must 
make  the  assessment  of  the  railroads  of  the  State,  and  also 
of  the  following  public  service  corporations,  none  of  which 
must  be  assessed  by  the  local  assessor:  telephone  com- 
panies, telegraph  companies,  street  car  companies,  and,  in 
short,  all  companies  engaged  directly  or  indirectly  in  the 
carrying  of  persons,  property,  or  messages. 

Upon  the  assessment  of  these  companies  by  the  State 


306  THE  STATE  GOVERNMENT  IN  ACTION 

board  the  county  treasurers  collect  the  taxes,  exactly  as  on 
the  general  property  assessed  by  the  local  assessor. 

The  Corporation  Tax,  as  it  is  known  in  some  States,  is 
very  little  used  in  North  Dakota.  All  corporations — with 
one  exception — come  under  the  general  property  tax,  and 
their  property  is  taxed  like  other  land  and  personal  prop- 
erty. The  one  exception  is  insurance  companies.  They  pay 
to  the  State  a  gross  earnings  tax  of  two  and  one  half  per 
cent,  on  the  gross  premiums  received  within  the  State. 

The  Inheritance  Tax  in  North  Dakota  is  what  is  usually 
called  the  collateral  inheritance  tax.  The  rate  of  the  tax 
is  two  per  cent.  It  applies  to  all  estates  in  the  State,  over 
and  above  $25,000,  left  to  collateral  heirs.  That  is,  the  tax 
applies  to  property  which  is  not  left  to  a  father  or  mother, 
husband  or  wife,  child,  or  any  lineal  descendant.1  The 
tax  is  paid  to  the  State  treasurer,  not  to  the  local  govern- 
ment. Up  to  the  present  time  this  tax  has  produced  very 
little  revenue,  but  it  will  prove  important  in  the  future. 

3.  Debt. — The  constitution  limits  the  State  debt  to 
$200,000.  In  addition  to  this  amount,  there  was  a  debt  of 
$540,000  inherited  from  Dakota  Territory.  This  is  a  very 
small  debt,  compared  with  the  debt  of  many  cities,  or  with, 
the  national  debt  for  many  years  after  the  Civil  War.  The 
State's  credit  is  good,  and  consequently  the  interest  rate 
on  the  State  debt  is  low,  being  only  four  per  cent. 

QUESTIONS  ON  THE  TEXT 

1.  What  are  the  proper  " functions"  of  a  State? 

2.  How  are  the  amount  and  objects  of  State  expenditure  limited? 

3.  What  are  these  limits?    Can  they  be  changed? 

1  "North  Dakota  Code,"  1905,  Sees.  8320-8339. 


REVENUE  AND  EXPENDITURE  307 

4.  Name  fifteen  important  objects  of  expenditure. 

5.  What  is  the  chief  object  of  expenditure? 

6.  How  can  we  find  the  total  amount  spent  in  the  State  for  edu- 

cation? 

7.  Explain  the  outlay  for  "bounties  and  subsidies." 

8.  What  are  the  eight  sources  of  State  income? 

9.  Which  is  the  chief  source? 

10.  What  funds  does  the  State  invest?    In  what  securities? 

11.  Can  a  farmer  borrow  money  of  the  State?     How? 

12    Where  did  the  State  get  its  land?     How  much  land  has  it? 
Explain  methods  of  rent,  hay  permit,  and  sale. 

13.  State  the  significance  of  these  public  lands. 

14.  Explain  "interest  on  land  contracts." 

15.  What  industries,  if  any,  does  the  State  operate? 

16.  In  what  way  does  the  State  secure  income  from  fines,  fees, 

and  licenses?     Illustrate. 

17.  What  three  taxes  are  used  by  the  State? 

18.  Explain  the  administration  of  each;  rate,  to  what  applied. 

19.  What  is  the  debt  limit  of  the  State? 

QUESTIONS  SUGGESTED  BY  THE  TEXT 

1.  Problem:  When  the  assessed  value  of  the  taxable  property  of 

the  State  is  $350,000,000,  how  much  revenue  will  a  four-mill 
tax  produce? 

2.  Problem:  Mr.  A  buys  160  acres  of  school  land  at  $50  an  acre. 

At  the  end  of  twenty  years'  time,  how  much  money  will  the 
State  have  received  from  this  sale,  including  the  interest  on 
the  land  contract? 

3.  Find  the  cost  of  education  for  one  year  in  the  State. 

4.  Give  the  amount  of  State  expenditures  last  year,  properly 

classified  as  to  objects  of  expenditure. 

5.  Give  the  amount  of  State  income  'last  year,  properly  classified 

as  to  sources  of  income. 

REFERENCES 

"North  Dakota  Code,"  1905. 
Session  Laws,  1907,  and  later. 
Annual  Reports  of  State  Treasurer. 
Govt.  No.  Dak.— 20 


CHAPTER  XXV 

EDUCATION 

"  In  the  United  States  the  ballots  of  ignorant  voters  are  more  to  be 
dreaded  than  the  muskets  of  foreign  soldiers." 

State  Educational  System.— The  State  has  provided  a 
complete  system  of  free  public  schools,  beginning  with  the 
primary  grades,  and  continuing  up  through  the  high  school. 
The  State  has  also  provided  free  institutions  of  higher 
education  for  those  desiring  to  continue  their  preparation 
beyond  the  public  school.  These  higher  institutions  are 
differentiated  to  meet  the  various  needs  of  the  State,  and 
are  as  follows:  School  of  Forestry,  Manual  Training  School, 
School  of  Science,  Normal  Schools,  Agricultural  College, 
School  of  Mines,  and  State  University. 

The  public  school  system  is  represented  by  the  country 
school,  the  rural  consolidated  school,  the  village  consoli- 
dated school,  the  village  and  city  school,  and  the  village 
and  city  high  school.  High  schools  are  of  three  classes,  der 
pending  upon  the  length  of  their  courses  of  study :  the  first 
class  high  school  offering  four  full  years  of  work;  the  second 
class,  three  years;  the  third  class,  two  years.  The  rural 
high  school,  familiar  in  some  of  the  older  States,  is  not  yet 
developed. 

The  administrative  control  of  public  school  education 
represents  a  chain  of  three  links:  (1)  the  State  superin- 

308 


EDUCATION  309 

tendent  of  public  instruction,  with  general  supervision  over 
the  whole  State;  (2)  the  county  superintendent,  over  the 
schools  of  the  county;  (3)  and  the  teacher,  over  the  local 
school.  By  this  excellent  three-link  system  the  educational 
work  of  the  State  is  standardized  and  keyed  up  to  a  high 
point  of  efficiency. 

The  School  District. — There  are  different  kinds  of  school 
districts,  as  there  are  different  kinds  of  schools.    There  are 


The  First  Rural  Consolidated  School  in  North  Dakota 

three  types  of  school  districts:  (1)  common  school  districts, 
found  in  the  country,  and  (2)  special  and  (3)  independent 
districts  found  in  the  towns.  Common  school  districts  are 
of  two  systems,  (a)  township  and  (b)  district.  The  old, 
first-organized  country  districts  in  the  Red  River  valley 
belong  to  the  district  system.  Each  district  represents  an 
area  two  or  three  miles  square,  and  has  a  schoolhouse  in 
the  center  or  near  the  center.  This  may  be  called  the  old- 
fashioned  system,  inherited  from  our  forefathers.  The 
township  system  is  a  system  where  a  school  district  is  six 


310  THE  STATE  GOVERNMENT  IN  ACTION 

miles  square,  covering  exactly  the  same  area  as  the  town- 
ship. The  district  has,  as  a  rule,  three,  four,  or  even  five 
schoolhouses,  depending  on  the  number  of  inhabitants  in 
the  township.  But,  in  recent  years,  some  townships  have 
abolished  the  little  separate  schoolhouses  and  have  put  up 
one  large  central  building  known  as  a  Rural  Consolidated 
School.  This  may  be  called  the  new-fashioned  school,  since 


Village  Consolidated  School 

it  has  come  into  use  only  within  the  last  generation.  The 
township  system  is  in  use  throughout  our  State  west  of  the 
Red  River  valley.1  The  consolidated  school  is  now  in  use 
in  a  great  many  townships.  It  is  considered  much  the  best 
of  the  three  plans  just  named. 

In  cities  and  villages  of  over  two  hundred  population  we 
find  the  special  district  or  the  independent  district.  These 
districts  have  certain  advantages  over  the  common  dis- 

1  The  district  system  is  found  only  in  five  counties,  namely,  Pembina, 
Walsh,  Grand  Forks,  Cass  and  Barnes. 


EDUCATION 


311 


tricts,  such  as  power  to  maintain  a  high  school,  and  power 
to  require  more  preparation  on  the  part  of  the  teachers. 
The  State  school  law  provides  for  the  details  of  organiza- 
tion, and  fixes  the  powers  and  duties  of  school  districts. 
In  the  table  below,  showing  the  different  kinds  of  districts, 
it  will  be  noticed  that  the  independent  district  has  one 
advantage  over  all  others — its  board  has  the  power  to 
borrow  money.1  In  the  other  districts  the  voters  must 
decide  the  question  of  a  bond  issue. 

NORTH  DAKOTA  SCHOOL  DISTRICTS 


Common 

Special 

Independent 

Officers 

School  Board  of 
3  directors 

Treasurer 
elected 
Clerk 
hired  by  board 
Not  a  member 

Board  of  education, 
5  members 

Treasurer 
city  treasurer 
Clerk 
hired  by  board 
Not  a  member 

Board  of  education, 
1   member  from 
each  ward 
Treasurer 
city  treasurer 
Secretary 
hired  by  board 
May  or  may  not 
be  a  member 

Term  of 
Office 

Director,  3  years 
Treasurer,  2  years 

Board,  3  years 

Board,  3  years 

Elected, 
when 

Elected    3d    Tues- 
day in  June 

Elected    3d    Tues- 
day in  June 

Elected    3d    Mon- 
day in  April 

Duties  of 
Board 

1.  Maintain  schools 
2.  Levy  school  tax 

1  .  Maintain  schools 
2.  Levy  school  tax 

1  .  Maintain  schools 
2.  Levy  school  tax 
3.  Issue  bonds 

1  There  are  but  few  independent  districts  in  the  State.  On  July  1,  1907, 
they  were  Grand  Forks,  Grafton,  Fargo,  Jamestown,  Walcott,  and  Lidger- 
wood.  When  the  Territory  became  a  State  in  1889  there  were  seventeen 
independent  districts.  Most  of  them  have  reorganized  as  special  districts. 


312  THE  STATE  GOVERNMENT  IN  ACTION 

Flags  for  Schools. — The  law  requires  every  school  district 
to  own  a  flag — one  flag  for  each  schoolhouse  in  the  district 
—and  to  keep  the  flag  displayed  each  school  day  if  the 
weather  permits. 

Free  Textbooks. — Many  districts  now  furnish  free  text- 
books to  the  pupils.  The  law  provides  that  every  district 
must  do  this  (a)  when  the  board  so  desires,  or  (b)  when  two 
thirds  of  the  voters  of  the  district  sign  a  petition  request- 
ing it. 

The  School  Board. — The  three  kinds  of  school  boards  we 
have  seen  in  the  table  on  page  311.  The  size  of  the  board 
depends  on  the  kind  of  district — three  members  for  the 
common  district,  five  for  the  special,  and  five  or  more  for 
the  independent.  In  the  independent  district  there  is 
always  one  member  for  each  ward,  and,  if  there  is  an  even 
number  of  wards,  an  extra  member  chosen  at  large.  The 
powers  and  duties  of  these  boards  have  also  been  indicated. 
The  board  must  look  after  the  business  side  of  the  school- 
see  that  enough  money  is  forthcoming  to  pay  the  teacher, 
furnish  fuel  and  supplies,  and  provide  adequate  school 
buildings.  The  board  therefore  has  the  taxing  power.  This 
is  an  important  power,  since  the  school  tax  is  usually  the 
heaviest  tax  the  voter  has  to  pay.  In  addition  to  their 
business  duties,  the  board  has  the  duty  of  hiring  teachers, 
and,  in  cases  of  necessity,  of  dismissing  teachers.  There  is 
no  more  important  organ  of  local  government  than  a  school 
board.  They  legislate  (i.  e.,  levy  taxes  and  make  rules  for 
their  district)  and  they  also  administer  the  school  laws  of  the 
State  relating  to  their  district.  This  gives  them  the  power 
both  to  advance  and  to  hinder  the  progress  of  education. 


EDUCATION  313 

State  High  School  Board. — It  is  the  policy  of  the  State 
to  grant  aid  in  the  shape  of  a  cash  subsidy  to  every  classified 
high  school.  In  the  year  1899  a  sum  of  money  was  first 
divided  among  the  high  schools  of  the  State.  By  a  law 
passed  in  1907  the  amount  of  aid  was  greatly  increased, 
the  total  amount  being  $45,000.  This  is  divided  as  follows 


City  High  School,  Jamestown 

among  high  schools:  (1)  to  the  school  giving  four  years  of 
high  school  work,  $800  each  year;  (2)  to  the  school  giving 
three  years  of  high  school  work,  $500  each  year;  (3)  to  the 
school  giving  two  years  of  high  school  work,  $300  each  year. 
In  charge  of  this  fund  is  a  State  High  School  Board,  com- 
posed of  three  persons — the  governor,  the  superintendent 
of  public  instruction,  and  the  president  of  the  State  Uni- 
versity. This  board  has  power  to  establish  suitable  rules 


314  THE  STATE  GOVERNMENT  IN  ACTION 

and  regulations  pertaining  to  high  school  examinations, 
classification  of  schools,  and  courses  of  study.  The  board 
furnishes  examination  questions  twice  each  year  to  each 
classified  high  school.  The  board  also  causes  each  school 
receiving  aid  to  be  visited  by  a  representative  of  the  board 
at  least  once  each  year.  The  board  has  selected  for  this 
purpose  a  "High  School  Inspector/7  who  is  an  experienced 
and  expert  teacher.  In  creating  a  State  high  school  fund, 
a  State  high  school  board,  and  a  State  high  school  inspector, 
the  State  has  taken  three  steps  forward  in  her  work  of 
educational  improvement. 

The  Teacher. — The  qualifications  for  teachers  are  these: 
a  clean  moral  character;  age,  at  least  eighteen  years:  and 
a  teachers'  certificate.  Certificates  are  of  three  grades, 
namely,  second  grade,  first  grade,  and  State  certificates. 
The  third  grade  certificate  has  been  abolished.  The  second 
grade  is  the  lowest  certificate  and  $45  is  the  lowest  monthly 
wage  of  a  second  grade  teacher. 

A  Teachers'  Institute  is  held  each  summer  in  each  county, 
or  in  each  group  of  counties  that  combine  for  the  purpose  of 
holding  a  joint  institute.  This  institute  is  under  the  joint 
direction  of  the  county  superintendent  and  State  superin- 
tendent, and  is  intended  to  furnish  the  teacher  both  infor- 
mation and  stimulation.  It  is  the  duty  of  each  teacher, 
who  is  not  already  a  college  graduate,  to  attend  the  institute. 

Branches  to  be  Taught. — Teachers  in  the  common  schools 
must  teach  the  following  branches;  orthography,  reading, 
spelling,  writing,  arithmetic,  language  lessons,  English 
grammar,  geography,  United  States  history,  civil  govern- 
ment, physiology  and  hygiene,  giving  special  instruction 


EDUCATION  315 

concerning  the  nature  of  alcoholic  drinks  and  other  nar- 
cotics, and  their  effects  upon  the  human  system. 

The  Pupil. — The  law  provides  for  compulsory  education 
for  children  of  school  age.  School  age  means  from  the  age  of 
eight  to  fourteen  years.  Every  child  of  school  age  must  be 
kept  in  a  public  school  in  each  year  during  the  entire  time 
the  public  schools  of  the  district  or  city  are  in  session, 
except  that  this  rule  does  not  apply  to  (1)  children  taught 
in  parochial  or  private  schools  where  the  same  branches  are 
taught  as  in  the  public  schools;  (2)  children  whose  work  is 
necessary  to  the  support  of  the  family;  (3)  children  already 
possessed  of  a  knowledge  of  the  common  branches;  (4) 
children  mentally  or  physically  unfitted  for  the  public 
schools.  "  Compulsory  education,"  so  called,  is  designed  to 
assist  in  preventing  the  curse  of  child  labor  in  factories, 
mines,  and  workshops,  an  evil  from  which  some  of  our  sis- 
ter States  have  suffered  much.  The  North  Dakota  child 
labor  laws  forbid  the  employment  of  any  child  under  four- 
teen years  of  age  in  any  mine,  factory,  workshop,  store, 
business  office,  telegraph  office,  or  hotel.  The  compulsory 
education  law,  mentioned  above,  wisely  supplements  this 
child  labor  law.  Some  cities  employ  a  truant  officer  to 
"compel"  children  of  school  age  to  be  in  the  school  and 
off  the  streets.  The  State's  attorney  always  has  this  power 
of  compulsion,  provided  complaint  is  made  to  him  by 
teacher,  principal,  or  superintendent. 

The  Support  of  Schools. — In  nothing  is  the  State  more 
generous  than  in  the  support  of  schools.  For  the  support  of 
schools  and  the  erection  of  school  buildings  there  are  three 
principal  sources  of  income :  (1)  Taxation,  (2)  State  Tuition 


316  THE  STATE  GOVERNMENT  IN  ACTION 

Fund,  and  (3)  Borrowing.  Taxation  comes  first,  because 
most  schools  do  and  all  schools  should  receive  the  bulk  of 
their  income  from  taxation.  Some  districts,  however,  are 
able  to  levy  a  small  tax  and  receive  the  bulk  of  their  reve- 
nue from  the  State  tuition  fund.  Borrowing  is  used  only 
to  secure  extensive  improvements,  such  as  new  buildings, 
the  purchase  of  more  land,  etc.  The  system  of  support  of 
our  schools  is  very  simple,  and  can  be  easily  understood 
by  a  short  study  of  the  table  below : 

SUPPORT  OF  SCHOOLS 

I.  Taxation 

(1)  District  tax,  namely,  a  tax  on  the  property  real  and 

personal,  in  the  school  district. 
Levied  by  school  board. 
Limit,  30  mills  on  the  dollar  of  valuation. 

(2)  County  Fund,  namely,  a  two-mill  tax  on  all  property  in 

the  county,  and  a  $1.00  poll  tax  on  each  taxpayer. 
Distributed  to  the  school  districts  according  to  number 
of  school  children  in  the  district. 

(3)  State  High  School  Fund,  namely,  a  small  tax  on  all 

property  in  the  State; 
Distributed  to  classified  high  schools  only,  according  to 

class  of  high  school. 
II.  State  Tuition  Fund,  received  from  three  sources. 

(1)  Income  from  Permanent  School  Fund. 

(2)  Rent  of  School  Land. 

(3)  Fines  and  Forfeitures. 

Distributed  to  each  district  according  to  number  of  school 
•    children  in  the  district. 
III.  Borrowing. — Limit  5%  of  total  valuation  of  district. 

It  is  evident  from  the  above  table  that  schools  derive 
their  support  from  their  district,  the  county,  and  the  State. 
In  the  case  of  high  schools  only,  does  the  State  levy  a  tax 


EDUCATION  317 

on  the  people.  One  item  in  the  above  table,  because  of  its 
great  importance,  needs  further  explanation,  namely,  the 
Permanent  School  Fund.  Since  this  is  destined  to  be  a  fund 
of  almost  fifty  million  dollars,  we  should  understand  clearly 
its  source  and  its  management.  The  management  of  this 
fund  by  the  Board  of  University  and  School  Lands  has 
been  described  under  Chapter  XXIV,  page  303.  The 
sources  of  this  fund  are  shown  in  the  interesting  table  below : 

SOURCES  OF  PERMANENT  SCHOOL  FUND 

I.  School  Lands.     These  include  sections  16  and  36  in  every 

township,  or  a  total  of  about  2,500,000  acres.    These  lands 

cannot  be  sold  for  less  than  $10  an  acre.     The  part  sold — 

less  than  half — has  brought  from  $10  to  $50  an  acre. 

II.  Five  per  cent,  of  the  proceeds  of  all  United  States  land  sold 

in  the  State. 

III.  Escheats,  namely,  estates  left  with  no  known  heirs.  Such 
property  "  escheats"  to  the  State,  and  its  proceeds  are  added 
to  the  school  fund. 

As  the  name  indicates,  this  fund  is  a  permanent  fund, 
and  only  its  income  can  be  used.  This  income  is  added  to 
the  State  Tuition  Fund,  indeed,  forms  the  larger  part  of  it. 
The  State  Tuition  Fund  is  apportioned  each  year  to  the 
schools  of  the  State,  in  proportion  to  the  children  of  school 
age  in  the  district.  But  the  school  district  is  not  entitled 
to  receive  any  of  this  fund  unless  it  has  maintained  school 
four  months  out  of  the  year.  Indeed,  the  county  superin- 
tendent may  raise  this  requirement  to  six  months  if  he  sees 
fit.  Neither  can  a  district  receive  any  of  this  fund  unless  it 
has  made  a  report  in  proper  time  showing  the  enumeration 
of  school  children  in  the  district. 


318  THE  STATE  GOVERNMENT  IN  ACTION 

QUESTIONS  ON  THE  TEXT 

1.  Show  the  need  of  intelligent  voters. 

2.  Our  State  educational  system  is  made  up  of  what  different 

schools? 

3.  What  constitutes  the  " public  school"  system? 

4.  How  are  high  schools  classified?     By  whom? 

5.  Why  is  our  school  system  a  three-link  system  in  its  adminis- 

tration? 

6.  Name  the  three  types  of  school  districts.     The  subdivisions. 

Define  each. 

7.  What  is  the  best  type  of  rural  school? 

8.  Where  is  the  "  common  district"  found?    The  township  dis- 

trict? 

9.  Give  the  following  details  for  each  of  the  three  types  of  school 

districts :  officers ;  term  of  office ;  when  elected ;  duties  of  board. 

10.  What  is  the  law  concerning  flags  for  schools? 

11.  What  is  the  law  concerning  free  textbooks? 

12.  Discuss  the  three  types  of  school  board, — their  powers,  their 

significance. 

13.  Give  a  full  account  of  the  State  High  School  Board.     What 

three  steps  forward  are  represented  by  the  law  creating  this 
board? 

14.  State  a  teacher's  qualifications;  name  grades  of  certificates. 

Define  teachers'  institute. 

15.  Name  the  branches  taught  in  the  common  schools. 

16.  What  is  the  school  age?     State  the  law  on  child  labor  and 

compulsory  education.     How  is  this  law  to  be  enforced? 

17.  How  are  schools  supported?    How  should  schools  be  supported? 

18.  Analyze  each  of  the  three  sources  fully,  giving  its  subdivisions, 

definition  of  same,  and  provisions  governing  them. 

19.  Does  the  common  school  receive  any  support  from  a  State 

tax? 

20.  Show  clearly  what  the  State  Tuition  Fund  is.    The  State  High 

School  Fund.    The  Permanent  School  Fund. 

21.  Show  the  distinction  between  a  tuition  fund  and  a  permanent 

fund. 

22.  How  is  the  State  Tuition  Fund  apportioned?    Two  limitations. 


EDUCATION  319 

QUESTIONS  SUGGESTED  BY  THE  TEXT 

1.  What  branches  are  required  for  a  State  certificate? 

2.  What  branches  are  required  for  a  first  grade  certificate?     A 

second  grade? 

3.  Problem:  Budget  of  School  District. 

Make  out  a  budget  of  your  district  for  the  last  school 
year,  using  as  a  model  either  (A)  the  common  school  district, 
or  (B)  the  independent  district  below: 

A.  AMERICUS,  SCHOOL  DISTRICT  3 
July  1,  1905,  to  June  30,  1906 

Receipts 

Balance  from  last  year     ....  $  15.22 

State  Tuition  Fund 127.80 

County  fund        117.36 

District  tax  230.00 


$490.38 
Expenditures 

Permanent  improvements     ...        $     8.50 

Teachers'  wages       315.00 

School  officers     .......  43.00 

Incidentals 49.00 

$415.50 
Balance  on  hand        ....        $  74.88 

B.     INDEPENDENT  DISTRICT,  DISTRICT  No.  1,  GRAND  FORKS 
July   1,    1905,   to  June  30,    1906 

Receipts 

Balance  from  last  year     ....  $  5,097.65 

State  tuition  fund 19,898.82 

County  fund        

District  tax 48,451.71 

Miscellaneous 1,168.02 

$74,616.20 


320  THE  STATE  GOVERNMENT  IN  ACTION 

Expenditures 

Permanent  improvements      ...  $  8,881.62 

Apparatus,  books 2,589.68 

Teachers'  wages       ......    33,774.50 

School  officers 433.33 

Interest  on  bonds 9,311.95 

Miscellaneous 13,123.96 

-  $65,937.69 
Balance  on  hand        ....  $  8,678.51 

4.  What  was  the  first  consolidated  school  in  North  Dakota?    Date 

of  its  organization? 

5.  What  were  the  receipts  last  year  by  the  Permanent  School 

Fund,  from  the  5%  of  the  proceeds  of  United  States  land 
sales  in  North  Dakota? 


APPENDIX  A 

ARTICLES  OF  CONFEDERATION 

[NOTE.  While  the  Declaration  of  Independence  was  under  considera- 
tion in  the  Continental  Congress,  and  before  it  was  finally  agreed  upon, 
measures  were  taken  for  the  establishment  of  a  constitutional  form  of  gov- 
ernment; and  on  June  12,  1776,  a  committee  of  one  member  from  each 
colony  was  appointed  "to  prepare  and  digest  the  form  of  a  confederation 
to  be  entered  into  between  these  Colonies."  One  month  later,  the  com- 
mittee reported  a  draft  of  the  Articles  of  Confederation,  which  underwent 
a  thorough  discussion  in  Congress  from  time  to  time  until  November  15, 
1777;  on  which  day  "Articles  of  Confederation  and  Perpetual  Union"  were 
finally  agreed  to  in  form.  A  copy  was  then  sent  to  the  legislature  of  each 
State,  which  was  asked  to  authorize  its  delegates  to  ratify  the  same  in  the 
Congress  of  the  United  States;  and  in  that  event  they  were  to  become  con- 
clusive. 

A  ratification  of  the  articles,  accordingly,  was  signed  by  the  delegates  of 
New  Hampshire,  Massachusetts,  Rhode  Island,  Connecticut,  New  York, 
Pennsylvania,  Virginia,  and  South  Carolina  on  July  9,  1778;  by  North  Car- 
olina on  July  21,  1778;  by  Georgia  on  July  24,  1778;  by  New  Jersey  on  No- 
vember 26,  1778;  by  Delaware  on  May  5,  1779,  and  by  Maryland  on  March  1, 
1781.  On  March  2,  1781,  Congress  assembled  under  the  new  form  of  gov- 
ernment.] 

To  all  to  whom  these  Presents  shall  come,  we  the  undersigned  Delegates  of 

the  States  affixed  to  our  names,  send  greeting: 

Whereas  the  delegates  of  the  United  States  of  America  in  Congress 
assembled  did  on  the  loth  day  of  November  in  the  year  of  our  Lord 
1777,  and  in  the  second  year  of  the  Independence  of  America  agree  to 
certain  Articles  of  Confederation  and  Perpetual  Union  between  the 
States  of  New  Hampshire,  Massachusetts  Bay,  Rhode  Island  and  Prov- 
idence Plantations,  Connecticut,  New  York,  New  Jersey,  Pennsylvania, 
Delaware,  Maryland,  Virginia,  North  Carolina,  South  Carolina,  and 
Georgia,  in  the  words  following,  viz. : 

"ARTICLES  OF  CONFEDERATION  AND  PERPETUAL  UNION  BETWEEN  THE 
STATES  OF  NEW  HAMPSHIRE,  MASSACHUSETTS  BAY,  RHODE  ISLAND 
AND  PROVIDENCE  PLANTATIONS,  CONNECTICUT,  NEW  YORK,  NEW 
JERSEY,  PENNSYLVANIA,  DELAWARE,  MARYLAND,  VIRGINIA,  NORTH 
CAROLINA,  SOUTH  CAROLINA,  AND  GEORGIA 

ARTICLE  I.— The  style  of  this  confederacy  shall  be,  "The  United 
States  of  America." 

ART.  II. — Each  State  retains  its  sovereignty,  freedom,  and  independ- 


ii  APPENDIX  A 

ence,  and  every  power,  jurisdiction,  and  right  which  is  not  by  this  con- 
federation expressly  delegated  to  the  United  States  in  Congress  as- 
sembled. 

ART.  III. — The  said  States  hereby  severally  enter  into  a  firm  league  of 
friendship  with  each  other,  for  their  common  defense,  the  security  of 
their  liberties,  and  their  mutual  and  general  welfare,  binding  them- 
selves to  assist  each  other  against  all  force  offered  to,  or  attacks  made 
upon  them,  or  any  of  them,  on  account  of  religion,  sovereignty,  trade 
or  any  other  pretense  whatever. 

ART.  IV. — The  better  to  secure  and  perpetuate  mutual  friendship 
and  intercourse  among  the  people  of  the  different  States  in  this  Union, 
the  free  inhabitants  of  each  of  these  States,  paupers,  vagabonds,  and 
fugitives  from  justice  excepted,  shall  be  entitled  to  all  privileges  and 
immunities  of  free  citizens  in  the  several  States;  and  the  people  of  each 
State  shall  have  free  ingress  and  regress  to  and  from  any  other  State, 
and  shall  enjoy  therein  all  the  privileges  of  trade  and  commerce,  sub- 
ject to  the  same  duties,  impositions,  and  restrictions,  as  the  inhabi- 
tants thereof  respectively;  provided  that  such  restrictions  shall  not  ex- 
tend so  far  as  to  prevent  the  removal  of  property  imported  into  any 
State,  to  any  other  State  of  which  the  owner  is  an  inhabitant;  pro- 
vided, also,  that  no  imposition,  duties,  or  restriction,  shall  be  laid  by 
any  State  on  the  property  of  the  United  States  or  either  of  them. 

If  any  person  guilty  of,  or  charged  with,  treason,  felony,  or  other 
high  misdemeanor  in  any  State,  shall  flee  from  justice,  and  be  found  in 
any  of  the  United  States,  he  shall,  upon  demand  of  the  governor  or 
executive  power  of  the  State  from  which  he  fled,  be  delivered  up,  and 
removed  to  the  State  having  jurisdiction  of  his  offense. 

Full  faith  and  credit  shall  be  given,  in  each  of  these  States,  to  the 
records,  acts,  and  judicial  proceedings  of  the  courts  and  magistrates  of 
every  other  State. 

ART.  V. — For  the  more  convenient  management  of  the  general  inter- 
ests of  the  United  States,  delegates  shall  be  annually  appointed  in  such 
manner  as  the  legislature  of  each  State  shall  direct,  to  meet  in  Congress 
on  the  first  Monday  in  November,  in  every  year,  with  a  power  reserved 
to  each  State  to  recall  its  delegates,  or  any  of  them,  at  any  time  within 
the  year,  and  to  send  others  in  their  stead  for  the  remainder  of  the  year. 

No  State  shall  be  represented  in  Congress  by  less  than  two,  nor  by 
more  than  seven  members;  and  no  person  shall  be  capable  of  being  a 
delegate  for  more  than  three  years,  in  any  term  of  six  years;  nor  shall 
any  person,  being  a  delegate,  be  capable  of  holding  any  office  under  the 
United  States,  for  which  he,  or  another  for  his  benefit,  receives  any 
salary,  fees,  or  emolument  of  any  kind. 

Each  State  shall  maintain  its  own  delegates  in  any  meeting  of  the 
States  and  while  they  act  as  members  of  the  committee  of  the  States. 

In  determining  questions  in  the  United  States  in  Congress  assembled, 
each  State  shall  have  one  vote. 


ARTICLES  OF  CONFEDERATION  iii 

Freedom  of  speech  and  debate  in  Congress  shall  not  be  impeached  or 
questioned  in  any  court  or  place  out  of  Congress;  and  the  members  of 
Congress  shall  be  protected  in  their  persons  from  arrests  and  imprison- 
ments during  the  time  of  their  going  to  and  from,  and  attendance  on 
Congress,  except  for  treason,  felony,  or  breach  of  the  peace. 

ART.  VI. — No  State,  without  the  consent  of  the  United  States,  in 
Congress  assembled,  shall  send  any  embassy  to,  or  receive  any  embassy 
from,  or  enter  into  any  conference,  agreement,  alliance,  or  treaty,  with 
any  king,  prince,  or  state;  nor  shall  any  person  holding  any  office  of 
profit  or  trust  under  the  United  States,  or  any  of  them,  accept  of  any 
present,  emolument,  office,  or  title  of  any  kind  whatever,  from  any 
king,  prince,  or  foreign  state;  nor  shall  the  United  States,  in  Congress 
assembled,  or  any  of  them,  grant  any  title  of  nobility. 

No  two  or  more  States  shall  enter  into  any  treaty,  confederation,  or 
alliance  whatever  between  them,  without  the  consent  of  the  United 
States,  in  Congress  assembled,  specifying  accurately  the  purposes  for 
which  the  same  is  to  be  entered  into,  and  how  long  it  shall  continue. 

No  States  shall  lay  any  imposts  or  duties  which  may  interfere  with 
any  stipulations  in  treaties  entered  into  by  the  United  States,  in  Con- 
gress assembled,  with  any  king,  prince,  or  state,  in  pursuance  of  any 
treaties  already  proposed  by  Congress  to  the  courts  of  France  and 
Spain. » 

No  vessels  of  war  shall  be  kept  up  in  time  of  peace,  by  any  State, 
except  such  number  only  as  shall  be  deemed  necessary,  by  the  United 
States  in  Congress  assembled,  for  the  defense  of  such  State  or  its  trade; 
nor  shall  any  body  of  forces  be  kept  up,  by  any  State,  in  time  of  peace, 
except  such  number  only  as,  in  the  judgment  of  the  United  States,  in 
Congress  assembled,  shall  be  deemed  requisite  to  garrison  the  forts 
necessary  for  the  defense  of  such  State;  but  every  State  shall  always 
keep  up  a  well  regulated  and  disciplined  militia,  sufficiently  armed  and 
accoutred,  and  shall  provide  and  constantly  have  ready  for  use,  in 
public  stores,  a  due  number  of  field-pieces  and  tents,  and  a  proper 
quantity  of  arms,  ammunition,  and  camp  equipage. 

No  State  shall  engage  in  any  war  without  the  consent  of  the  United 
States,  in  Congress  assembled,  unless  such  State  be  actually  invaded  by 
enemies,  or  shall  have  received  certain  advice  of  a  resolution  being 
formed  by  some  nation  of  Indians  to  invade  such  State,  and  the  danger 
is  so  imminent  as  not  to  admit  of  a  delay  till  the  United  States,  in  Con- 
gress assembled,  can  be  consulted;  nor  shall  any  State  grant  commis- 
sions to  any  ships  or  vessels  of  war,  nor  letters  of  marque  or  reprisal, 
except  it  be  after  a  declaration  of  war  by  the  United  States,  in  Congress 
assembled,  and  then  only  against  the  kingdom  or  state,  and  the  sub- 
jects thereof  against  which  war  has  been  so  declared,  and  under  such 
regulations  as  shall  be  established  by  the  United  States,  in  Congress 
assembled,  unless  such  State  be  infested  by  pirates,  in  which  case  ves- 
sels of  war  may  be  fitted  out  for  that  occasion,  and  kept  so  long  as  the 
Govt.  No.  Dak.— 21 


iv  APPENDIX  A 

danger  shall  continue,  or  until  the  United  States,  in  Congress  assembled, 
shall  determine  otherwise. 

ART.  VII. — When  land  forces  are  raised  by  any  State  for  the  common 
defense,  all  officers  of  or  under  the  rank  of  colonel,  shall  be  appointed 
by  the  legislature  of  each  State  respectively  by  whom  such  forces  shall 
be  raised,  or  in  such  manner  as  such  State  shall  direct,  and  all  vacancies 
shall  be  filled  up  by  the  State  which  first  made  the  appointment. 

ART.  VIII. — All  charges  of  war,  and  all  other  expenses  that  shall  be 
incurred  for  the  common  defense  or  general  welfare,  and  allowed  by  the 
United  States  in  Congress  assembled,  shall  be  defrayed  out  of  a  common 
treasury,  which  shall  be  supplied  by  the  several  States,  in  proportion  to 
the  value  of  all  land  within  each  State,  granted  to,  or  surveyed  for,  any 
person,  as  such  land  and  the  buildings  and  improvements  thereon  shall 
be  estimated  according  to  such  mode  as  the  United  States,  in  Congress 
assembled,  shall,  from  time  to  time,  direct  and  appoint.  The  taxes  for 
paying  that  proportion  shall  be  laid  and  levied  by  the  authority  and 
direction  of  the  legislatures  of  the  several  States,  within  the  time  agreed 
upon  by  the  United  States,  in  Congress  assembled. 

ART.  IX. — The  United  States,  in  Congress  assembled,  shall  have  the 
sole  and  exclusive  right  and  power  of  determining  on  peace  and  war,  ex- 
cept in  the  cases  mentioned  in  the  sixth  Article;  of  sending  and  receiv- 
ing ambassadors;  entering  into  treaties  and  alliances,  provided  that  no 
treaty  of  commerce  shall  be  made  whereby  the  legislative  power  of  the 
respective  States  shall  be  restrained  from  imposing  such  imposts  and 
duties  on  foreigners,  as  their  own  people  are  subjected  to,  or  from  pro- 
hibiting the  exportation  or  importation  of  any  species  of  goods  or  com- 
modities whatsoever;  of  establishing  rules  for  deciding,  in  all  cases, 
what  captures  on  land  or  water  shall  be  legal,  and  in  what  manner 
prizes  taken  by  land  or  naval  forces  in  the  service  of  the  United  States, 
shall  be  divided  or  appropriated ;  of  granting  letters  of  marque  and  re- 
prisal in  times  of  peace;  appointing  courts  for  the  trial  of  piracies  and 
felonies  committed  on  the  high  seas;  and  establishing  courts  for  re- 
ceiving and  determining  finally  appeals  in  all  cases  of  captures;  pro- 
vided that  no  member  of  Congress  shall  be  appointed  a  judge  of  any 
of  the  said  courts. 

The  United  States,  in  Congress  assembled,  shall  also  be  the  last  resort 
on  appeal,  in  all  disputes  and  differences  now  subsisting,  or  that  here- 
after may  arise  between  two  or  more  States  concerning  boundary, 
jurisdiction,  or  any  other  cause  whatever;  which  authority  shall  always 
be  exercised  in  the  manner  following:  Whenever  the  legislative  or  ex- 
ecutive authority,  or  lawful  agent  of  any  State  in  controversy  with 
another,  shall  present  a  petition  to  Congress,  stating  the  matter  in 
question,  and  praying  for  a  hearing,  notice  thereof  shall  be  given  by 
order  of  Congress,  to  the  legislative  or  executive  authority  of  the  other 
State  in  controversy,  and  a  day  assigned  for  the  appearance  of  the  par- 
ties by  their  lawful  agents,  who  shall  then  be  directed  to  appoint,  by 


ARTICLES  OF  CONFEDERATION  v 

joint  consent,  commissioners  or  judges  to  constitute  a  court  for  hearing 
and  determining  the  matter  in  question ;  but  if  they  can  not  agree,  Con- 
gress shall  name  three  persons  out  of  each  of  the  United  States,  and 
from  the  list  of  such  persons  each  party  shall  alternately  strike  out  one, 
the  petitioners  beginning,  until  the  number  shall  be  reduced  to  thirteen ; 
and  from  that  number  not  less  than  seven  nor  more  than  nine  names, 
as  Congress  shall  direct,  shall,  in  the  presence  of  Congress,  be  drawn 
out  by  lot;  and  the  persons  whose  names  shall  be  so  drawn,  or  any  five 
of  them,  shall  be  commissioners  or  j  udges,  to  hear  and  finally  determine 
the  controversy,  so  always  as  a  major  part  of  the  judges,  who  shall  hear 
the  cause,  shall  agree  in  the  determination;  and  if  either  party  shall 
neglect  to  attend  at  the  day  appointed,  without  showing  reasons  which 
Congress  shall  judge  sufficient,  or  being  present,  shall  refuse  to  strike, 
the  Congress  shall  proceed  to  nominate  three  persons  out  of  each  State, 
and  the  secretary  of  Congress  shall  strike  in  behalf  of  such  party  ab- 
sent or  refusing;  and  the  judgment  and  sentence  of  the  court,  to  be  ap- 
pointed in  the  manner  before  prescribed,  shall  be  final  and  conclusive; 
and  if  any  of  the  parties  shall  refuse  to  submit  to  the  authority  of  such 
court,  or  to  appear  or  defend  their  claim  or  cause,  the  court  shall  never- 
theless proceed  to  pronounce  sentence  or  judgment,  which  shall  in  like 
manner  be  final  and  decisive;  the  judgment  or  sentence  and  other  pro- 
ceedings being  in  either  case  transmitted  to  Congress,  and  lodged  among 
the  acts  of  Congress  for  the  security  of  the  parties  concerned;  provided, 
that  every  commissioner,  before  he  sits  in  judgment,  shall  take  an  oath, 
to  be  administered  by  one  of  the  judges  of  the  supreme  or  superior 
court  of  the  State  where  the  cause  shall  be  tried,  "  well  and  truly  to  hear 
and  determine  the  matter  in  question,  according  to  the  best  of  his 
judgment,  without  favor,  affection,  or  hope  of  reward."  Provided, 
also,  that  no  State  shall  be  deprived  of  territory  for  the  benefit  of  the 
United  States. 

All  controversies  concerning  the  private  right  of  soil  claimed  under 
different  grants  of  two  or  more  States,  whose  jurisdictions,  as  they  may 
respect  such  lands,  and  the  States  which  passed  such  grants  are  ad- 
justed, the  said  grants  or  either  of  them  being  at  the  same  time  claimed 
to  have  originated  antecedent  to  such  settlement  of  jurisdiction,  shall, 
on  the  petition  of  either  party  to  the  Congress  of  the  United  States,  be 
finally  determined,  as  near  as  may  be,  in  the  same  manner  as  is  before 
prescribed  for  deciding  disputes  respecting  territorial  jurisdiction  be- 
tween different  States. 

The  United  States,  in  Congress  assembled,  shall  also  have  the  sole 
and  exclusive  right  and  power  of  regulating  the  alloy  and  value  of  coin 
struck  by  their  own  authority,  or  by  that  of  the  respective  States;  fix- 
ing the  standard  of  weights  and  measures  throughout  the  United  States ; 
regulating  the  trade  and  managing  all  affairs  with  the  Indians  not  mem- 
bers of  any  of  the  States;  provided  that  the  legislative  right  of  any 
State,  within  its  own  limits,  be  not  infringed  or  violated;  establishing 


vi  APPENDIX  A 

and  regulating  post  offices  from  one  State  to  another  throughout  all 
the  United  States,  and  exacting  such  postage  on  the  papers  passing 
through  the  same,  as  may  be  requisite  to  defray  the  expenses  of  the 
said  office;  appointing  all  officers  of  the  land  forces  in  the  service  of  tho 
United  States,  excepting  regimental  officers;  appointing  all  the  officers 
of  the  naval  forces,  and  commissioning  all  officers  whatever  in  the  serv- 
ice of  the  United  States;  making  rules  for  the  government  and  regula- 
tion of  the  said  land  and  naval  forces,  and  directing  their  operations. 

The  United  States,  in  Congress  assembled,  shall  have  authority  to  ap- 
point a  committee,  to  sit  in  the  recess  of  Congress,  to  be  denominated 
"  A  Committee  of  the  States,"  and  to  consist  of  one  delegate  from  each 
State;  and  to  appoint  such  other  committees  and  civil  officers  as  may 
be  necessary  for  managing  the  general  affairs  of  the  United  States  un- 
der their  direction;  to  appoint  one  of  their  number  to  preside,  provided 
that  no  person  be  allowed  to  serve  in  the  office  of  president  more  than 
one  year  in  any  term  of  three  years;  to  ascertain  the  necessary  sums  of 
money  to  be  raised  for  the  service  of  the  United  States,  and  to  appro- 
priate and  apply  the  same  for  defraying  the  public  expenses;  to  borrow 
money  or  emit  bills  on  the  credit  of  the  United  States,  transmitting 
every  half  year  to  the  respective  States  an  account  of  the  sums  of  money 
so  borrowed  or  emitted;  to  build  and  equip  a  navy;  to  agree  upon  the 
number  of  land  forces,  and  to  make  requisitions  from  each  State  for 
its  quota,  in  proportion  to  the  number  of  white  inhabitants  in  such 
State,  which  requisition  shall  be  binding;  and  thereupon  the  Legisla- 
ture of  each  State  shall  appoint  the  regimental  officers,  raise  the  men, 
and  clothe,  arm,  and  equip  them  in  a  soldier-like  manner  at  the  expense 
of  the  United  States;  and  the  officers  and  men  so  clothed,  armed,  and 
equipped  shall  march  to  the  place  appointed,  and  within  the  time 
agreed  on  by  the  United  States,  in  Congress  assembled;  but  if  the 
United  States,  in  Congress  assembled,  shall,  on  consideration  of  cir- 
cumstances, judge  proper  that  any  State  should  not  raise  men,  or 
should  raise  a  smaller  number  than  its  quota,  and  that  any  other  State 
should  raise  a  greater  number  of  men  than  the  quota  thereof,  such  extra 
number  shall  be  raised,  officered,  clothed,  armed,  and  equipped  .in  the 
same  manner  as  the  quota  of  such  State,  unless  the  Legislature  of  such 
State  shall  judge  that  such  extra  number  can  not  be  safely  spared  out 
of  the  same,  in  which  case  they  shall  raise,  officer,  clothe,  arm,  and  equip 
as  many  of  such  extra  number  as  they  judge  can  be  safely  spared,  and 
the  officers  and  men  so  clothed,  armed,  and  equipped  shall  march  to 
the  place  appointed,  and  within  the  time  agreed  on  by  the  United 
States,  in  Congress  assembled. 

The  United  States,  in  Congress  assembled,  shall  never  engage  in  a 
war,  nor  grant  letters  of  marque  and  reprisal  in  time  of  peace,  nor  enter 
into  any  treatise  or  alliances,  nor  coin  money,  nor  regulate  the  value 
thereof,  nor  ascertain  the  sums  and  expenses  necessary  for  the  defense 
and  welfare  of  the  United  States,  or  any  of  them,  nor  emit  bills,  nor 


ARTICLES  OF  CONFEDERATION  vii 

borrow  money  on  the  credit  of  the  United  States,  nor  appropriate 
money,  nor  agree  upon  the  number  of  vessels  of  war  to  be  built  or  pur- 
chased, or  the  number  of  land  or  sea  forces  to  be  raised,  nor  appoint  a 
commander-in-chief  of  the  army  or  navy,  unless  nine  States  assent  to 
the  same,  nor  shall  a  question  on  any  other  point,  except  for  adjourn- 
ing from  day  to  day,  be  determined,  unless  by  the  votes  of  a  majority 
of  the  United  States,  in  Congress  assembled. 

The  Congress  of  the  United  States  shall  have  power  to  adjourn  to  any 
time  within  the  year,  and  to  any  place  within  the  United  States,  so  that 
no  period  of  adjournment  be  for  a  longer  duration  than  the  space  of  six 
months,  and  shall  publish  the  journal  of  their  proceedings  monthly,  ex- 
cept such  parts  thereof  relating  to  treaties,  alliances,  or  military  op- 
erations as  in  their  judgment  require  secrecy;  and  the  yeas  and  nays  of 
the  delegates  of  each  State,  on  any  question,  shall  be  entered  on  the 
journal  when  it  is  desired  by  any  delegate;  and  the  delegates  of  a  State, 
or  any  of  them,  at  his  or  their  request,  shall  be  furnished  with  a  tran- 
script of  the  said  journal,  except  such  parts  as  are  above  excepted,  to 
lay  before  the  legislatures  of  the  several  States. 

ART.  X. — The  committee  of  the  States,  or  any  nine  of  them,  shall  be 
authorized  to  execute,  in  the  recess  of  Congress,  such  of  the  powers  of 
Congress  as  the  United  States,  in  Congress  assembled,  by  the  consent  of 
nine  States,  shall,  from  time  to  time,  think  expedient  to  vest  them  with; 
provided  that  no  power  be  delegated  to  the  said  committee,  for  the  ex- 
ercise of  which,  by  the  articles  of  confederation,  the  voice  of  nine  States, 
in  the  Congress  of  the  United  States  assembled,  is  requisite. 

ART.  XI. — Canada  acceding  to  this  confederation,  and  joining  in  the 
measures  of  the  United  States,  shall  be  admitted  into,  and  entitled  to 
all  the  advantages  of  this  Union;  but  no  other  colony  shall  be  admitted 
into  the  same  unless  such  admission  be  agreed  to  by  nine  States. 

ART.  XII. — All  bills  of  credit  emitted,  moneys  borrowed,  and  debts 
contracted  by  or  under  the  authority  of  Congress,  before  the  assembling 
of  the  United  States,  in  pursuance  of  the  present  confederation,  shall  be 
deemed  and  considered  as  a  charge  against  the  United  States,  for  pay- 
ment and  satisfaction  whereof  the  said  United  States  and  the  public 
faith  are  hereby  solemnly  pledged. 

ART.  XIII. — Every  State  shall  abide  by  the  determinations  of  the 
United  States,  in  Congress  assembled,  on  all  questions  which  by  this 
Confederation  are  submitted  to  them.  And  the  Articles  of  this  Con- 
federation shall  be  inviolably  observed  by  every  State,  and  the  Union 
shall  be  perpetual;  nor  shall  any  alteration  at  any  time  hereafter  be 
made  in  any  of  them,  unless  such  alteration  be  agreed  to  in  a  Congress 
of  the  United  States,  and  be  afterward  confirmed  by  the  legislatures 
of  every  State." 

And  whereas  it  hath  pleased  the  great  Governor  of  the  world  to  incline 
the  hearts  of  the  legislatures  we  respectively  represent  in  Congress,  to 
approve  of,  and  to  authorize  us  to  ratify  the  said  Articles  of  Confedera- 


viii  APPENDIX  A 

tion  and  perpetual  Union,  Know  ye,  that  we,  the  undersigned  delegates, 
by  virtue  of  the  power  and  authority  to  us  given  for  that  purpose,  do, 
by  these  presents,  in  the  name  and  in  behalf  of  our  respective  constit- 
uents, fully  and  entirely  ratify  and  confirm  each  and  every  of  the  said 
Articles  of  Confederation  and  Perpetual  Union,  and  all  and  singular 
the  matters  and  things  therein  contained.  And  we  do  further  solemnly 
plight  and  engage  the  faith  of  our  respective  constituents,  that  they 
shall  abide  by  the  determinations  of  the  United  States,  in  Congress 
assembled,  on  all  questions  which  by  the  said  Confederation  are  sub- 
mitted to  them;  and  that  the  Articles  thereof  shall  be  inviolably  ob- 
served by  the  States  we  respectively  represent,  and  that  the  Union 
shall  be  perpetual.  In  witness  whereof,  we  have  hereunto  set  our 
hands  in  Congress.  Done  at  Philadelphia,  in  the  State  of  Pennsylvania, 
the  ninth  day  of  July,  in  the  year  of  our  Lord  1778, l  and  in  the  third 
year  of  the  Independence  of  America. 

On  the  part  and  behalf  of  the  State  of  New  Hampshire — Josiah  Bartlett, 
John  Wentworth,  Jun. 

On  the  part  and  behalf  of  the  State  of  Massachusetts  Bay — John  Han- 
cock, Samuel  Adams,  Elbridge  Gerry,  Francis  Dana,  James  Lovell, 
Samuel  Holten. 

On  the  part  and  behalf  of  the  State  of  Rhode  Island  and  Providence  Plan- 
tations— William  Ellery.  Henry  Marchant,  John  Collins. 

On  the  part  and  behalf  of  the  State  of  Connecticut — Roger  Sherman, 
Samuel  Huntington,  Oliver  Wolcott,  Titus  Hosmer,  Andrew  Adam. 

On  the  part  and  behalf  of  the  State  of  New  York — Jas.  Duane,  Fras 
Lewis,  William  Duer,  Gouvr  Morris. 

On  the  part  and  behalf  of  the  State  of  New  Jersey — Jno.  Witherspoon, 
Nathl  Scudder. 

On  the  part  and  behalf  of  the  State  of  Pennsylvania — Robt.  Morris, 
Daniel  Roberdeau,  Jona  Bayard  Smith,  William  Clingan,  Joseph  Reed. 

On  the  part  and  behalf  of  the  State  of  Delaware — Tho.  M'Kean,  John 
Dickinson,  Nicholas  Van  Dyke. 

On  the  part  and  behalf  of  the  State  of  Maryland — John  Hanson,  Daniel 
Carroll. 

On  the  part  and  behalf  of  the  State  of  Virginia — Richard  Henry  Lee, 
John  Bannister,  Thomas  Adams,  Jno.  Harvie,  Francis  Lightfoot  Lee. 

On  the  part  and  behalf  of  the  State  of  North  Carolina — John  Penn,  Corns. 
Harnett,  Jno.  Williams. 

On  the  part  and  behalf  of  the  State  of  South  Carolina — Henry  Laurens, 
William  Henry  Drayton,  Jno.  Mathews,  Richard  Hutson,  Thos.  Hey- 
ward,  Jun. 

On  the  part  and  behalf  of  the  State  of  Georgia — Jno.  Walton,  Edwd. 
Telfair,  Edwd.  Langworthy. 

1  Only  eight  States  took  action  upon  the  Articles  at  this  time.  North  Carolina, 
Georgia,  New  Jersey,  Delaware,  and  Maryland  ratified  on  the  dates  shown  on  p.  i. 


APPENDIX  B 

CONSTITUTION  OF  THE  UNITED  STATES  OF 
AMERICA 


[NOTE — The  Constitution  was  adopted  September  17,  1787,  by  the 
unanimous  consent  of  the  States  present  in  the  constitutional  con- 
vention, and  was  ratified  by  the  conventions  of  the  several  States, 
as  follows:  By  Delaware,  December  7,  1787;  Pennsylvania,  Decem- 
ber 12,  1787;  New  Jersey,  December  18,  1787;  Georgia,  January  2, 
1788;  Connecticut,  January  9,  1788;  Massachusetts,  February  6, 
1788;  Maryland,  April  28,  1788;  South  Carolina,  May  23,  1788; 
New  Hampshire,  June  21,  1788;  Virginia,  June  26,  1788;  New  York, 
July  26,  1788;  North  Carolina,  November  21,  1789;  Rhode  Island, 
May  29,  1790. 

The  first  ten  of  the  amendments  were  proposed  by  Congress, 
September  25,  1789,  and  were  finally  ratified  by  the  constitutional 
number  of  States,  December  15,  1791. 

The  other  amendments  were  proposed  by  Congress  at  different 
times,  and,  having  been  adopted  by  the  constitutional  number  of 
States,  went  into  effect  as  follows:  the  eleventh  amendment,  Janu- 
ary 8,  1798;  the  twelfth,  September  25,  1804;  the  thirteenth,  Decem- 
ber 18,  1865;  the  fourteenth,  July  28,  1868;  the  fifteenth,  March  30, 
1870.] 

WE  the  people  of  the  United  States,  in  order  to  form  a  more  Preamble 
perfect  union,  establish  justice,  insure  domestic  tranquillity, 
provide  for  the  common  defense,  promote  the  general  welfare, 
and  secure  the  blessings  of  liberty  to  ourselves  and  our  posterity, 
do  ordain  and  establish  this  Constitution  for  the  United  States 
of  America. 


ARTICLE  I— Legislative  Department 

Section  I.  All  legislative  powers  herein  granted  shall  be  vested 
in  a  Congress  of  the  United  States,  which  shall  consist  of  a 
Senate  and  House  of  Representatives. 

Sec.  II.  1.  The  House  of  Representatives  shall  be  composed 
of  members  chosen  every  second  year  by  the  people  of  the  sev- 
eral States,  and  the  electors  in  each  State  shall  have  the  qualifi- 
cations requisite  for  electors  of  the  most  numerous  branch  of  the 
State  legislature. 

ix 


CONGRKSS 


REPRE- 
SENTA- 
TIVES: 
when    and 
by     whom 
elected 


APPENDIX  B 


Qualifica- 
tions of 
members 


Census 
each  ten 
years,       to 
apportion 
representa- 
tives 


Vacancies 


Speaker 
Impeach- 
ment 
SENATE: 
composi- 
tion and 
how  chosen 

Not  all 
chosen  at 
same  time 


Vacancies 


Qualifica- 
tions of 
senator 


2.  No  person  shall  be  a  representative  who  shall  not  have 
attained  to  the  age  of  twenty-five  years,  and  been  seven  years 
a  citizen  of  the  United  States,  and  who  shall  not,  when  elected, 
be  an  inhabitant  of  that  State  in  which  he  shall  be  chosen. 

3.  Representatives  and  direct  taxes  shall  be  apportioned  among 
the  several  States  which  may  be  included  within  this  Union, 
according  to  their  respective  numbers,  which  shall  be  determined 
by  adding  to  the  whole  number  of  free  persons,  including  those 
bound  to  service  for  a  term  of  years,  arid  excluding  Indians 
not  taxed,  three  fifths  of  all  other  persons.  1     The  actual  enu- 
meration shall  be  made  within  three  years  after  the  first  meeting 
of  the  Congress  of  the  United  States,  and  within  every  subse- 
quent term  of  ten  years,  in  such  manner  as  they  shall  by  law 
direct.     The  number  of  Representatives  shall  not  exceed  one 
for  every  thirty  thousand,  but  each  State  shall  have  at  least  one 
Representative;  and  until  such  enumeration  shall  be  made,  the 
State  of  New  Hampshire  shall  be  entitled  to  choose  three,  Massa- 
chusetts eight,  Rhode  Island  and  Providence  Plantations  one, 
Connecticut  five,  New  York  six,  New  Jersey  four,  Pennsylvania 
eight,  Delaware  one,  Maryland  six,  Virginia  ten,  North  Carolina 
five,  South  Carolina  five,  and  Georgia  three. 

4.  When  vacancies  happen  in  the  representation  from  any 
State,  the  executive  authority  thereof  shall  issue  writs  of  election 
to  fill  such  vacancies. 

5.  The  House  of  Representatives  shall  choose  their  Speaker 
and  other  officers,  and  shall  have  the  sole  power  of  impeachment. 

Sec.  III.  1.  The  Senate  of  the  United  States  shall  be  com- 
posed of  two  Senators  from  each  State,  chosen  by  the  legislature 
thereof  for  six  years;  and  each  Senator  shall  have  one  vote. 

2.  Immediately  after  they  shall  be  assembled  in  consequence 
of  the  first  election,  they  shall  be  divided  as  equally  as  may  be 
into  three  classes.     The  seats  of  the  Senators  of  the  first  class 
shall  be  vacated  at  the  expiration  of  the  second  year,  of  the 
second  class  at  the  expiration  of  the  fourth  year,  and  of  the  third 
class  at  the  expiration  of  the  sixth  year,  so  that  one  third  may 
be  chosen  every  second  year;  and  if  vacancies  happen  by  resig- 
nation, or  otherwise,  during  the  recess  of  the  legislature  of  any 
State,  the  executive  thereof  may  make  temporary  appointments 
until  the  next  meeting  of  the  legislature,  which  shall  then  fill  such 
vacancies. 

3.  No  person  shall  be  a  Senator  who  shall  not  have  attained 
to  the  age  of  thirty  years,  and  been  nine  years  a  citizen  of  the 
United  States,  and  who  shall  not,  when  elected,  be  an  inhabitant 
of  that  State  for  which  he  shall  be  chosen. 

4.  The  Vice  President  of  the  United  States  shall  be  president 

1  Amended  by  the  Fourteenth  Amendment. 


CONSTITUTION  OF  THE  UNITED  STATES 


of  the  Senate,  but  shall  have  no  vote,  unless  they  be  equally 
divided. 

5.  The  Senate  shall  choose  their  other  officers,  and  also  a 
president  pro  tempore,  in  the  absence  of  the  Vice  President,  or 
when  he  shall  exercise  the  office  of  President  of  the  United  States. 

6.  The  Senate  shall  have  the  sole  power  to  try  all  impeach- 
ments.    When  sitting  for  that  purpose,  they  shall  be  on  oath 
or  affirmation.     When  the  President  of  the  United  States  is  tried 
the  chief  justice  shall  preside;  and  no  person  shall  be  convicted 
without  the  concurrence  of  two  thirds  of  the  members  present. 

7.  Judgment  in  cases  of  impeachment  shall  not  extend  further 
than  to  removal  from  office,  and  disqualification  to  hold  and 
enjoy  any  office  of  honor,  trust  or  profit  under  the  United  States; 
but  the  party  convicted  shall  nevertheless  be  liable  and  subject 
to  indictment,  trial,  judgment  and  punishment,  according  to  law. 

Sec.  IV.  1.  The  times,  places,  and  manner  of  holding  elections 
for  Senators  and  Representatives,  shall  be  prescribed  in  each 
State  by  the  legislature  thereof;  but  the  Congress  may  at  any 
time  by  law  make  or  alter  such  regulations,  except  as  to  the  places 
of  choosing  senators. 

2.  The  Congress  shall  assemble  at  least  once  in  every  year,  and 
such  meeting  shall  be  on  the  first  Monday  in  December,  unless 
they  shall  by  law  appoint  a  different  day. 

Sec.  V.  1.  Each  house  shall  be  the  judge  of  the  elections, 
returns  and  qualifications  of  its  own  members,  and  a  majority 
of  each  shall  constitute  a  quorum  to  do  business;  but  a  smaller 
number  may  adjourn  from  day  to  day,  and  may  be  authorized 
to  compel  the  attendance  of  absent  members,  in  such  manner, 
and  under  such  penalties  as  each  house  may  provide. 

2.  Each  house  may  determine  the  rules  of  its  proceedings, 
punish  its  members  for  disorderly  behavior,  and,  with  the  concur- 
rence of  two  thirds,  expel  a  member. 

3.  Each  house  shall  keep  a  journal  of  its  proceedings,  and  from 
time  to  time  publish  the  same,  excepting  such  parts  as  may  in 
their  judgment  require  secrecy;  and  the  yeas  and  nays  of  the 
members  of  either  house  on  any  question  shall,  at  the  desire  of 
one  fifth  of  those  present,  be  entered  on  the  journal. 

4.  Neither  house,  during  the  session  of  Congress,  shall,  without 
the  consent  of  the  other,  adjourn  for  more  than  three  days,  nor 
to  any  other  place  than  that  in  which  the  two  houses  shall  be 
sitting. 

Sec.  VI.  1.  The  Senator  and  Representatives  shall  receive 
a  compensation  for  their  services,  to  be  ascertained  by  law,  and 
paid  out  of  the  treasury  of  the  United  States.  They  shall  in 
all  cases,  except  treason,  felony  and  breach  of  the  peace,  be 
privileged  from  arrest  during  their  attendance  at  the  session  of 


President 
of  the 
senate 

President 

pro 

tempore 

Trial  of 
impeach- 
ments 


Punish- 
ment   of 
impeached 
officials 


BOTH 

HOUSES 

Election 

laws 


When 

Congress 

meets 

Election 
returns. 
Quorum 


Rules  in 

each 

house 

The 

"journal" 


Adjourn- 
ment 


Compensa- 
tion 


Members 
privileged 
from  arrest 


Xll 


APPENDIX  B 


One  fed- 
eral office 
at  a  time 


Revenue 
bills 


President's 

veto 

power 


Congress 

may  pass 

bill    over 

president's 

veto 


EXPRESS 

POWERS  OF 
CONGRESS 

Taxing 


Borrowing 
Commerce 


their  respective  houses,  and  in  going  to  and  returning  from  the 
same;  and  for  any  speech  or  debate  in  either  house,  they  shall 
not  be  questioned  in  any  other  place. 

2.  No  Senator  or  Representative  shall,  during  the  time  for 
which  he  was  elected,  be  appointed  to  any  civil  office  under  the 
authority  of  the  United  States,  which  shall  have  been  created, 
or  the  emoluments  whereof  shall  have  been  increased  during  such 
time;  and 'no  person  holding  any  office  under  the  United  States 
shall  be  a  member  of  either  house  during  his  continuance  in  office. 

Sec.  VII.  1.  All  bills  for  raising  revenue  shall  originate  in 
the  House  of  Representatives;  but  the  Senate  may  propose  01 
concur  with  amendments  as  on  other  bills. 

2.  Every  bill  which  shall  have  passed  the  House  of  Repre- 
sentatives and  the  Senate,  shall,  before  it  become  a  law,  be 
presented  to  the  President  of  the  United  States;  if  he  approve  he 
shall  sign  it,  but  if  not  he  shall  return  it,  with  his  objections 
to  that  house  in  which  it  shall  have  originated,  who  shall  enter 
the  objections  at  large  on  their  journal,  and  proceed  to  recon- 
sider it.     If  after  such  reconsideration  two  thirds  of  that  house 
shall  agree  to  pass  the  bill,  it  shall  be  sent,  together  with  the 
objections,  to  the  other  house,  by  which  it  shall  likewise  be 
reconsidered,  and  if  approved  by  two  thirds  of  that  house,  it 
shall  become  a  law.     But  in  all  such  cases  the  votes  of  both 
houses  shall  be  determined  by  yeas  and  nays,  and  the  names  of 
the  persons  voting  for  and  against  the  bill  shall  be  entered  on  the 
journal  of  each  house  respectively.     If  any  bill  shall  not  be  re- 
turned by  the  President  within  ten  days  (Sundays  excepted)  after 
.it  shall  have  been  presented  to  him,  the  same  shall  be  a  law,  in 
like  manner  as  if  he  had  signed  it,  unless  the  Congress  by  their 
adjournment  prevent  its  return,  in  which  case  it  shall  not  be  a  law. 

3.  Every  order,  resolution,  or  vote  to  which  the  concurrence 
of  the  Senate  and  House  of  Representatives  may  be  necessary 
(except  on  a  question  of  adjournment)   shall  be  presented  to 
the  President  of  the  United  States;  and  before  the  same  shall 
take  effect,  shall  be  approved  by  him,  or  being  disapproved  by 
him,  shall  be  repassed  by  two  thirds  of  the  Senate  and  House 
of  Representatives,  according  to  the  rules  and  limitations  pre- 
scribed in  the  case  of  a  bill. 

Sec.  VIII.  1.  The  Congress  shall  have  power  to  lay  and  collect 
taxes,  duties,  imposts  and  excises,  to  pay  the  debts  and  provide 
for  the  common  defense  and  general  welfare  of  the  United  States; 
but  all  duties,  imposts  and  excises  shall  be  uniform  throughout 
the  United  States; 

2.  To  borrow  money  on  the  credit  of  the  United  States; 

3.  To  regulate  commerce  with  foreign  nations,  and  among  the 
several  States,  and  with  the  Indian  tribes; 


CONSTITUTION  OF  THE  UNITED  STATES        xiii 


4.  To  establish  an  uniform  rule  of  naturalization,  and  uniform 
laws  ofi  the  subject  of  bankruptcies  throughout  the  United  States; 

5.  To  coin  money,  regulate  the  value  thereof,  and  of  foreign 
coin,  and  fix  the  standard  of  weights  and  measures; 

6.  To  provide  for  the  punishment  of  counterfeiting  the  secu- 
rities and  current  coin  of  the  United  States; 

7.  To  establish  post  offices  and  post  roads; 

8.  To  promote  the  progress  of  science  and   useful  arts  by 
securing  for  limited  times  to  authors  and  inventors  the  exclusive 
right  to  their  respective  writings  and  discoveries; 

9.  To  constitute  tribunals  inferior  to  the  Supreme  Court ; 

10.  To  define  and  punish  piracies  and  felonies  committed  on 
the  high  seas,  and  offenses  against  the  law  of  nations; 

11.  To  declare  war,  grant  letters  of  marque  and  reprisal,  and 
make  rules  concerning  captures  on  land  and  water; 

12.  To  raise  and  support  armies,   but  no  appropriation  of 
money  to  that  use  shall  be  for  a  longer  term  than  two  years; 

13.  To  provide  and  maintain  a  navy; 

14.  To  make  rules  for  the  government  and  regulation  of  the 
land  and  naval  forces; 

15.  To  provide  for  calling  forth  the  militia  to  execute  the  laws 
of  the  Union,  suppress  insurrections  and  repel  invasions; 

16.  To  provide  for  organizing,  arming,  and  disciplining  the 
militia,  and  for  governing  such  part  of  them  as  may  be  employed 
in  the  service  of  the  United  States,  reserving  to  the  States  respec- 
tively the  appointment  of  the  officers,  and  the  authority  of  train- 
ing the  militia  according  to  the  discipline  prescribed  by  Congress; 

17.  To  exercise  exclusive  legislation  in  all  cases  whatsoever,  over 
such  district  (not  exceeding  ten  miles  square)  as  may,  by  cession 
of  particular  States  and  the  acceptance  of  Congress,  become  the 
seat  of  the  government  of  the  United  States,  and  to  exercise 
like  authority  over  all  places  purchased  by  the  consent  of  the 
legislature  of  the  State  in  which  the  same  shall  be,  for  the  erec- 
tion of  forts,  magazines,  arsenals,  dockyards,  and  other  needful 
buildings;  and 

18.  To  make  all  laws  which  shall  be  necessary  and  proper  for 
carrying   into   execution   the   foregoing  powers,    and   all   other 
powers  vested  by  this  Constitution  in  the  government  of  the 
United  States,  or  in  any  department  or  officer  thereof. 

Sec.  IX.  1.  The  migration  or  importation  of  such  persons 
as  any  of  the  States  now  existing  shall  think  proper  to  admit, 
shall  not  be  prohibited  by  the  Congress  prior  to  the  year  one 
thousand  eight  hundred  and  eight,  but  a  tax  or  duty  may  be 
imposed  on  such  importation,  not  exceeding  ten  dollars  for  each 
person. 

2.  The  privileges  of  the  writ  of  habeas  corpus  shall  not  be 


Natural- 
i/ation  and 
bank- 
ruptcy 
Coin 
money 
Counter- 
feiting 

Post 
offices 
Patents 
and    copy- 
rights 

Establish 

courts 

Piracy 


War 

Army 

Navy 

Militia 


Seat  of 
govern- 
ment 


IMPLIED 
POWERS 


PROHIBI- 
TIONS ON 

CONGRESS 

Importa^ 
tion  of 
slaves    un- 
til 1808 


XIV 


APPENDIX  B 


Habeas 
corpus 

Bill  of 
attainder 
Direct 
taxes  ac- 
cording 
to  popu- 
lation 
No  tax  on 
exports 
No  prefer- 
ence to 
state  ports 


Lawful  re- 
ceipts  and 
expendi- 
tures 


Titles    not 
granted 


POWERS 

DENIED 
TO  THE 

STATES 


States   not 

to  levy 

tariff 


Other 

powers 

expressly 

denied  the 

States 


suspended,   unless  when  in  cases  of  rebellion  or  invasion  the 
public  safety  may  require  it. 

3.  No  bill  of  attainder  or  ex- post  facto  law  shall  be  passed. 

4.  No  capitation,  or  other  direct,  tax  shall  be  laid,  unless  in 
proportion  to  the  census  or  enumeration  hereinbefore  directed 
to  be  taken. 

5.  No  tax  or  duty  shall  be  laid  on  articles  exported  from  any 
State. 

6.  No  preference  shall  be  given  by  any  regulation  of  commerce 
or  revenue  to  the  ports  of  one  State  over  those  of  another;  nor 
shall  vessels  bound  to,  or  from,  one  State  be  obliged  to  enter, 
clear,  or  pay  duties  in  another. 

7.  No  money  shall  be  drawn  from  the  treasury,  but  in  conse- 
quence of  appropriations  made  by  law;  and  a  regular  statement 
and  account  of  the  receipts  and  expenditures  of  all  public  money 
shall  be  published  from  time  to  time. 

8.  No  title  of  nobility  shall  be  granted  by  the  United  States: 
and  no  person  holding  any  office  of  profit  or  trust  under  them, 
shall,  without  the  consent  of  the  Congress,  accept  of  any  present, 
emolument,  office,  or  title,  of  any  kind  whatever,  from  any  king, 
prince,  or  foreign  state. 

Sec.  X.  1.  No  State  shall  enter  into  any  treaty,  alliance,  or 
confederation;  grant  letters  of  marque  and  reprisal;  coin  money; 
emit  bills  of  credit;  make  anything  but  gold  and  silver  coin  a 
tender  in  payment  of  debts;  pass  any  bill  of  attainder,  ex  post 
facto  law,  or  law  impairing  the  obligation  of  contracts,  or  grant 
any  title  of  nobility. 

2.  No  State  shall,  without  the  consent  of  the  Congress,  lay  any 
imposts  or  duties  on  imports  or  exports,  except  what  may  be 
absolutely  necessary  for  executing  its  inspection  laws;  and  the 
net  produce  of  all  duties  and  imposts  laid  by  any  State  on  im- 
ports or  exports,  shall  be  for  the  use  of  the  treasury  of  the  United 
States;  and  all  such  laws  shall  be  subject  to  the  revision  and 
control  of  the  Congress. 

3.  No  State  shall,  without  the  consent  of  Congress,  lay  any 
duty  of  tonnage,  keep  troops,  or  ships  of  war  in  time  of  peace, 
enter  into  any  agreement  or  compact  with  another  State,  or 
with  a  foreign  power,  or  engage  in  war,  unless  actually  invaded, 
or  in  such  imminent  danger  as  will  not  admit. of  delay. 


THE  PRESI- 
DENT: term 
of  office 


ARTICLE  II— Executive  Department 

Sec.  I.  1.  The  executive  power  shall  be  vested  in  a  President 
of  the  United  States  of  America.  He  shall  hold  his  office  during 
the  term  of  four  years,  and,  together  with  the  Vice  President, 
chosen  for  the  same  term,  be  elected,  as  follows: 


CONSTITUTION  OF  THE  UNITED  STATES         xv 


2.  Each  State  shall  appoint,  in  such  manner  as  the  legislature 
thereof  may  direct,  a  number  of  Electors,  equal  to  the  whole 
number  of  Senators  and  Representatives  to  which  the  State  may 
be  entitled  in  the  Congress:  but  no  Senator  or  Representative, 
or  person  holding  an  office  of  trust  or  profit  under  the  United 
States,  shall  be  appointed  an  Elector. 

[The  Electors  shall  meet  in  their  respective  States,  and  vote  by 
ballot  for  two  persons,  of  whom  one  at  least  shall  not  be  an  inhab- 
itant of  the  same  State  with  themselves.  And  they  shall  make 
a  list  of  all  the  persons  voted  for,  and  of  the  number  of  votes  for 
each;  which  list  they  shall  sign  and  certify,  and  transmit  sealed 
to  the  seat  of  the  government  of  the  United  States,  directed  to 
the  president  of  the  Senate.  The  president  of  the  Senate,  shall, 
in  the  presence  of  the  Senate  and  House  of  Representatives,  open 
all  the  certificates,  and  the  votes  shall  then  be  counted.  The 
person  having  the  greatest  number  of  votes  shall  be  the  President, 
if  such  number  be  a  majority  of  the  whole  number  of  Electors 
appointed;  and  if  there  be  more  than  one  who  have  such  majority, 
and  have  an  equal  number  of  votes,  then  the  House  of  Repre- 
sentatives shall  immediately  choose  by  ballot  one  of  them  for 
President;  and  if  no  person  have  a  majority,  then  from  the  five 
highest  on  the  list  the  said  house  shall  in  like  manner  choose 
the  President.  But  in  choosing  the  President,  the  votes  shall 
be  taken  by  States,  the  representation  from  each  State  having 
one  vote;  a  quorum  for  this  purpose  shall  consist  of  a  member  or 
members  from  two  thirds  of  the  States,  and  a  majority  of  all 
the  States  shall  be  necessary  to  a  choice.  In  every  case,  after 
the  choice  of  the  President,  the  person  having  the  greatest 
number  of  votes  of  the  Electors  shall  be  the  Vice  President. 
But  if  there  should  remain  two  or  more  who  have  equal  votes, 
the  Senate  shall  choose  from  them  by  ballot  the  Vice  Presi- 
dent.] i 

3.  The  Congress  may  determine  the  time   of  choosing  the 
Electors,  and  the  day  on  which  they  shall  give  their  votes; 
which  day  shall  be  the  same  throughout  the  United  States. 

4.  No  person  except  a  natural-born  citizen,  or  a  citizen  of 
the  United  States,  at  the  time  of  the  ad9ption  of  this  Consti- 
tution, shall  be  eligible  to  the  office  of  President;  neither  shall 
any  person  be  eligible  to  that  office  who  shall  not  have  attained 
to  the  age  of  thirty-five  years,  and  been  fourteen  years  a  resident 
within  the  United  States. 

5.  In  case  of  the  removal  of  the  President  from  office,  or  of 
his  death,  resignation,  or  inability  to  discharge  the  powers  and 
duties  of  the  said  office,  the  same  shall  devolve  on  the  Vice 
President,  and  the  Congress  may  by  law  provide  for  the  case 

1  This  paragraph  superseded  by  the  Twelfth  Amendment. 


How  and 
by     whom 
elected 


Election 
day 


Who  may 
be  presi- 
dent: qual- 
ifications 


Impeach- 
ment of 
president: 
who  suc- 
ceeds 


xvi 


APPENDIX  B 


President's 
salary 


Oath  of 
office 


President 
is  com- 
mander 
in  chief 


Reprieves 
and  par- 
dons 

Treaty- 
making 
power 

Appoint- 
ing power 


Vacancies 


President's 

messages 

to  congress 


of  removal,  death,  resignation,  or  inability,  both  of  the  President 
and  Vice  President,  declaring  what  officer  shall  then  act  as 
President,  and  such  officer  shall  act  accordingly,  until  the  disa- 
bility be  removed,  or  a  President  shall  be  elected. 

6.  The  President  shall,  at  stated  times,  receive  for  his  services 
a  compensation,  which  shall  neither  be  increased  nor  diminished 
during  the  period  for  which  he  shall  have  been  elected,  and  he 
shall  not  receive  within  that  period  any  other  emolument  from 
the  United  States,  or  any  of  them. 

7.  Before  he  enter  on  the  execution  of  his  office,  he  shall  take 
the  following  oath  or  affirmation: — "I  do  solemnly  swear  (or 
affirm)  that  I  will  faithfully  execute  the  office  of  President  of 
the  United  States,  and  will  to  the  best  of  my  ability,  preserve, 
protect  and  defend  the  Constitution  of  the  United  States." 

Sec.  .II.  1.  The  President  shall  be  commander  in  chief  of  the 
army  and  navy  of  the  United  States,  and  of  the  militia  of  the 
several  States,  when  called  into  actual  service  of  the  United 
States;  he  may  require  the  opinion,  in  writing,  of  the  principal 
officer  in  each  of  the  executive  departments,  upon  any  subject 
relating  to  the  duties  of  their  respective  offices,  and  he  shall  have 
power  to  grant  reprieves  and  pardons  for  offenses  against  the 
United  States,  except  in  cases  of  impeachment. 

2. .  He  shall  have  power,  by  and  with  the  advice  and  consent 
of  the  Senate,  to  make  treaties,  provided  two  thirds  of  the 
Senators  present  concur;  and  he  shall  nominate,  and  by  and  with 
the  advice  and  consent  of  the  Senate,  shall  appoint  ambassadors, 
other  public  ministers  and  consuls,  judges  of  the  Supreme  Court, 
and  all  other  officers  of  the  United  States,  whose  appointments 
are  not  herein  otherwise  provided  for,  and  which  shall  be  estab- 
lished by  law;  but  the  Congress  may  by  law  vest  the  appointment 
of  such  inferior  officers,  as  they,  think  proper,  in  the  President 
alone,  in  the  courts  of  law,  or  in  the  heads  of  departments. 

3.  The  President  shall  have  power  to  fill  up  all  vacancies  that 
rnay  happen  during  the  recess  of  the  Senate,  by  granting  com- 
missions which  shall  expire  at  the  end  of  their  next  session. 

Sec.  III.  He  shall  from  time  to  time  give  to  the  Congress 
information  of  the  state  of  the  Union,  and  recommend  to  their 
consideration  such  measures  as  he  shall  judge  necessary  and 
expedient;  he  may,  on  extraordinary  occasions,  convene  both 
houses,  or  either  of  them,  and  in  case  of  disagreement  between 
them  with  respect  to  the  time  of  adjournment,  he  may  adjourn 
them  ,to  such  time  as  he  shall  think  proper;  he  shall  receive 
ambassadors  and  other  public  ministers;  he  shall  take  care  that 
the,  laws  be  faithfully  executed,  and  shall  commission  all  the 
officers  of  the  United  States.  ,,-f 

Sec.  IV.     The  President,  Vice.  President,  and  all  civil  officers 


CONSTITUTION  OF  THE  UNITED  STATES       xvii 


of  the  United  States,  shall  be  removed  from  office  on  impeach-    Removal 
ment  for,  and  conviction  of,   treason,   bribery,   or  other  high 
crimes  and  misdemeanors. 


ARTICLE  III — Judiciary  Department 

Sec.  I.  The  judicial  power  of  the  United  States  shall  be  vested 
in  one  Supreme  Court,  and  in  such  inferior  courts  as  the  Congress 
may  from  time  to  time  ordain  and  establish.  The  judges,  both 
of  the  Supreme  and  inferior  courts,  shall  hold  their  offices  during 
good  behavior,  and  shall,  at  stated  times,  receive  for  their  serv- 
ices, a  compensation  which  shall  not  be  diminished  during  their 
continuance  in  office. 

Sec.  II.  1.  The  judicial  power  shall  extend  to  all  cases,  in 
law  and  equity,  arising  under  this  Constitution,  the  laws  of  the 
United  States,  and  treaties  made,  or  which  shall  be  made,  under 
their  authority; — to  all  cases  affecting  ambassadors,  other  public 
ministers  and  consuls; — to  all  cases  of  admiralty  and  maritime 
jurisdiction; — to  controversies  to  which  the  United  States  shall 
be  a  party;— to  controversies  between  two  or  more  States;— 
between  a  State  and  citizens  of  another  State;1 — between  citi- 
zens of  different  States,— between  citizens  of  the  same  State 
claiming  lands  under  grants  of  different  States,  and  between  a 
State,  pr  the  citizens  thereof,  and  foreign  States,  citizens  or 
subjects. 

2.  In  all  cases  affecting  ambassadors,  other  public  ministers 
and  consuls,  and  those  in  which  a  State  shall  be  a  party,  the 
Supreme  Court  shall  have  original  jurisdiction.     In  all  the  other 
cases  before  mentioned,  the  Supreme  Court  shall  have  appellate 
jurisdiction,  both  as  to  law  and  fact,  with  such  exceptions,  ,and 
under  such  regulations  as  the  Congress  shall  make. 

3.  The  trial  of  all  crimes,  except  in  cases  of  impeachment, 
shall  be  by  jury;  and  such  trial  shall  be  held  in  the  State  where 
the  said  crimes  shall  have  been  committed;  but  when  not  com- 
mitted within  any  State,  the  trial  shall  be  at  such  place  or  places 
as  the  Congress  may  by  law  have  directed. 

Sec.  III.  1.  Treason  against  the  United  States,  shall  consist 
only  in  levying  war  against  them,  or  in  adhering  to  their  enemies, 
giving  them  aid  and  comfort.  No  person  shall  be  convicted  of 
treason  unless  on  the  testimony  of  two  witnesses  to  the  same 
overt  act,  or  on  confession  in  open  court. 

2.  The  Congress  shall  have  power  to  declare  the  punishment 
of  treason,  but  no  attainder  of  treason  shall  work  corruption 
of  blood,  or  forfeiture  except  during  the  life  of  the  person  at- 
tainted. 

1  See  the  Eleventh  Amendment. 


Supreme 
and  in- 
ferior 
courts 

Term   of 
office  and 
salary 


Jurisdic- 
tion of 
U.  S. 
courts 


Jurisdic- 
tion of 
supreme 
court 


Jury  trial 


Treason 
defined 


Punish- 
ment 


XV111 


APPENDIX  B 


Public  acts 
of  the  sev- 
eral States 


All  citi/ens 
equal 

Removal 
of  crimi- 
nals 


Return  of 
runaway 

slaves 


Admission 
of  new 
States 


Govern- 
ment of 
territories 


Republi- 
can  form 
of  gov- 
ernment 
guaranteed 


ARTICLE  IV— The  Nation  and  the  States 

Sec.  I.  Full  faith  and  credit  shall  be  given  in  each  State  to 
the  public  acts,  records,  and  judicial  proceedings  of  every  other 
State.  And  the  Congress  may  by  genera,!  laws  prescribe  the 
manner  in  which  such  acts,  records  and  proceedings  shall  be 
proved,  and  the  effect  thereof. 

Sec.  II.  1.  The  citizens  of  each  State  shall  be  entitled  to  all 
privileges  and  immunities  of  citizens  in  the  several  States. 

2.  A  person  charged  in  any  State  with  treason,  felony,  or  other 
crime,  who  shall  flee  from  justice,  and  be  found  in  another  State, 
shall  on  demand  of  the  executive  authority  of  the  State  from 
which  he  fled,  be  delivered  up  to  be  removed  to  the  State  having 
jurisdiction  of  the  crime. 

3.  No  person  held  to  service  or  labor  in  one  State,  under  the 
laws  thereof,  escaping  into  another,  shall,  in  consequence  of  any 
law  or  regulation  therein,  be  discharged  from  such  service  or 
labor,  but  shall  be  delivered  up  on  claim  of  the  party  to  whom 
such  service  or  labor  may  be  due.1 

Sec.  III.  1.  New  States  may  be  admitted  by  the  Congress 
into  this  Union;  but  no  new  State  shall  be  formed  or  erected 
within  the  jurisdiction  of  any  other  State;  nor  any  State  be 
formed  by  the  junction  of  two  or  more  States,  or  parts  of  States, 
without  the  consent  of  the  legislatures  of  the  States  concerned  as 
well  as  of  the  Congress. 

2.  The  Congress  shall  have  power  to  dispose  of  and  make  all 
needful  rules  and  regulations  respecting  the  territory  or  other 
property  belonging  to  the  United  States;  and  nothing  in  this 
Constitution  shall  be  so  construed  as  to  prejudice  any  claims  of 
the  United  States,  or  of  any  particular  State. 

Sec.  IV.  The  United  States  shall  guarantee  to  every  State  in 
this  Union  a  republican  form  of  government,  and  shall  protect 
each  of  them  against  invasion;  and  on  application  of  the  legis- 
lature, or  of  the  executive  (when  the  legislature  cannot  be  con- 
vened) against  domestic  violence. 


How 
amend- 
ments to 
constitu- 
tion   are 
proposed 
and 
adopted 


ARTICLE  V— Future  Amendments 

The  Congress,  whenever  two  thirds  of  both  houses  shall  deem 
it  necessary,  shall  propose  amendments  to  this  Constitution,  or, 
on  the  application  of  the  legislatures  of  two  thirds  of  the  sev- 
eral States,  shall  call  a  convention  for  proposing  amendments, 
which,  in  either  case,  shall  be  valid  to  all  intents  and  purposes, 
as  part  of  this  Constitution,  when  ratified  by  the  legislatures 
of  three  fourths  of  the  several  States,  or  by  conventions  in  three 
1  See  the  Thirteenth  Amendment. 


CONSTITUTION  OF  THE  UNITED  STATES        xix 


U.    S.    as- 
sumes 
debts  of 
confedera- 
tion 

Supreme 
law  of 
land 


No  re- 
ligious test 
required 


fourths  thereof,  as  the  one  or  the  other  mode  of  ratification 
may  be  proposed  by  the  Congress;  Provided  that  no  amendment 
which  may  be  made  prior  to  the  year  one  thousand  eight  hundred 
and  eight  shall  in  any  manner  affect  the  first  and  fourth  clauses 
in  the  ninth  section  of  the  first  article;  and  that  no  State,  with- 
out its  consent,  shall  be  deprived  of  its  equal  suffrage  in  the 
Senate. 

ARTICLE  VI— Miscellaneous 

1.  All  debts  contracted  and  engagements  entered  into,  before 
the  adoption  of  this  Constitution,  shall  be  as  valid  against  the 
United  States  under  this  Constitution,  as  under  the  Confederation. 

2.  This  Constitution,  and  the  laws  of  the  United  States  which 
shall  be  made  in  pursuance  thereof;  and  all  'treaties  made,  or 
which  shall  be  made,  under  the  authority  of  the  United  States, 
shall  be  the  supreme  law  of  the  land;  and  the  judges  in  every 
State  shall  be  bound  thereby,  anything  in  the  Constitution  or 
laws  of  any  State  to  the  contrary  notwithstanding. 

3.  The  Senators  and  Representatives  before  mentioned,  and 
the  members  of  the  several  State  legislatures,  and  all  executive 
and  judicial  officers,  both  of  the  United  States,  and  of  the  several 
States,  shall  be  bound  by  oath  or  affirmation  to  support  this 
Constitution;  but  no  religious  test  shall  ever  be  required  as  a 
qualification  to  any  office  or  public  trust  under  the  United  States. 

ARTICLE  VII— Ratification 

The  ratification  of  the  conventions  of  nine  States  shall  be 
sufficient  for  the  establishment  of  this  Constitution  between  the 
States  so  ratifying  the  same. 

Done  in  Convention  by  the  unanimous  consent  of  the  States 
present  the  seventeenth  day  of  September  in  the  year  of  our 
Lord  one  thousand  seven  hundred  and  eighty-seven,  and  of 
the  independence  of  the  United  States  of  America  the  twelfth. 
In  witness  whereof  we  have  hereunto  subscribed  our  names, 
Go:  WASHINGTON — 

Presidt  and  Deputy  from  Virginia 

For  other  names  signed  to  the  Constitution,  see  pages  50-51. 

AMENDMENTS 

Articles  in  addition  to,  and  amendment  of,  the  Constitution  of    BILL  OF 
the  United  States  of  America,   proposed  by  Congress,   and    J^MEND- 
ratified  by  the  legislatures  of  the  several  States  pursuant  to    MENTS  I-X 
the  fifth  article  of  the  original  Constitution. 
Govt.  No.  Dak.— 22 


Ratifica- 
tion 


APPENDIX  B 


Religious 
liberty  and 
free  speech 


Carrying 
arms 


Quartering 
of  troops 


ARTICLE  I 

Congress  shall  make  no  law  respecting  an  establishment  of 
religion,  or  prohibiting  the  free  exercise  thereof;  or  abridging 
the  freedom  of  speech,  or  of  the  press;  or  the  right  of  the  people 
peaceably  to  assemble,  and  to  petition  the  government  for  a 
redress  of  grievances. 

ARTICLE  II 

A  well  regulated  militia,  being  necessary  to  the  security  of  a 
free  State,  the  right  of  the  people  to  keep  and  bear  arms,  shall 
not  be  infringed. 

ARTICLE  III 

No  soldier  shall,  in  time  of  peace  be  quartered  in  any  house, 
without  the  consent  of  the  owner,  nor  in  time  of  war,  but  in  a 
manner  to  be  prescribed  by  law. 


Unreason- 
able 
searches 
forbidden 


Jury  trial 

for   capital 

offenses 


Life,  lib- 
erty and 
property 
safe- 
guarded 


Criminal 
prosecu- 
tions: 
speedy, 
public, 
jury  trial 


ARTICLE  IV 

The  right  of  the  people  to  be  secure  in  their  persons,  houses, 
papers,  and  effects,  against  unreasonable  searches  and  seizures, 
shall  not  be  violated,  and  no  warrants  shall  issue,  but  upon  prob- 
able cause,  supported  by  oath  or  affirmation,  and  particularly 
describing  the  place  to  be  searched,  and  the  persons  or  things 
to  be  seized. 

ARTICLE  V 

No  person  shall  be  held  to  answer  for  a  capital,  or  otherwise 
infamous  crime,  unless  on  a  presentment  or  indictment  of  a 
grand  jury,  except  in  cases  arising  in  the  land  or  naval  forces, 
or  in  the  militia,  when  in  actual  service  in  time  of  war  or  public 
danger;  nor  shall  any  person  be  subject  for  the  same  offense  to 
be  twice  put  in  jeopardy  of  life  or  limb;  nor  shall  be  compelled  in 
any  criminal  case  to  be  a  witness  against  himself,  nor  be  deprived 
of  life,  liberty,  or  property,  without  due  process  of  law;  nor 
shall  private  property  be  taken  for  public  use  without  just 
compensation. 

ARTICLE  VI 

In  all  criminal  prosecutions,  the  accused  shall  enjoy  the  right 
to  a  speedy  and  public  trial,  by  an  impartial  jury  of  the  State 
and  district  wherein  the  crime  shall  have  been  committed,  which 
district  shall  have  been  previously  ascertained  by  law,  and  to  be 
informed  of  the  nature  and  cause  of  the  accusation;  to  be  con- 


CONSTITUTION  OF  THE  UNITED  STATES        xxi 

fronted  with  the  witnesses  against  him;  to  have  compulsory 
process  for  obtaining  witnesses  in  his  favor,  and  to  have  the 
assistance  of  counsel  for  his  defense. 


ARTICLE  VII 

In  suits  at  common  law,  where  the  value  in  controversy  shall 
exceed  twenty  dollars,  the  right  of  trial  by  jury  shall  be  pre- 
served, and  no  fact  tried  by  a  jury  shall  be"  otherwise  re- 
examined  in  any  court  of  the  United  States,  than  according  to 
the  rules  of  the  common  law. 


Trial 
jury 


by 


ARTICLE  VIII 

Excessive  bail  shall  not  be  required,  nor  excessive  fines  imposed, 
nor  cruel  and  unusual  punishments  inflicted. 


Bail  and 
fines 


ARTICLE  IX 

The  enumeration  in  the  Constitution  of  certain  rights  shall 
not  be  construed  to  deny  or  disparage  others  retained  by  the 
people. 

ARTICLE  X 

The  powers  not  delegated  to  the  United  States  by  the  Consti- 
tution, nor  prohibited  by  it  to  the  States,  are  reserved  to  the 
States  respectively,  or  to  the  people. 


Unex- 

JtehtsT 
people 


Powers  re- 
served for 
the  States 


ARTICLE  XI 

The  judicial  power  of  the  United  States  shall  not  be  construed    Judicial 
to  extend  to  any  suit  in  law  or  equity,  commenced  or  prosecuted 
against  one  of  the  United  States  by  citizens  of  another  State,  or 
by  citizens  or  subjects  of  any  foreign  State. 


power 
limited 


ARTICLE  XII 

The  Electors  shall  meet  in  their  respective  States,  and  vote 
by  ballot  for  President  and  Vice  President,  one  of  whom,  at 
least,  shall  not  be  an  inhabitant  of  the  same  State  with  them- 
selves; they  shall  name  in  their  ballots  the  person  voted  for  as 
President,  and  in  distinct  ballots  the  person  voted  for  as  Vice 
President,  and  they  shall  make  distinct  lists  of  all  persons  voted 
for  as  President  and  of  all  persons  voted  for  as  Vice  President, 
and  of  the  number  of  votes  for  each,  which  lists  they  shall  sign 
and  certify,  and  transmit  sealed  to  the  seat  of  the  government 


Mode  of 

election   of 

President 

and  Vice 

President 

provided 

for 


XX11 


APPENDIX  B 


Majority 
of  electoral 
(not  popu- 
lar) vote 
necessary 


When  the 
House  of 
Represent- 
atives 
elects 
President 


of  the  United  States,  directed  to  the  president  of  the  Senate; — 
The  president  of  the  Senate  shall,  in  the  presence  of  the  Senate 
and  House  of  Representatives,  open  all  the  certificates  and  the 
votes  shall  then  be  counted; — The  person  having  the  greatest 
number  of  votes  for  President  shall  be  the  President,  if  such 
number  be\a  majority  of  the  whole  number  of  electors  appointed; 
and  if  no  person  have  such  majority,  then  from  the  persons 
having  the  highest  numbers  not  exceeding  three  on  the  list  of 
those  voted  for  as  President,  the  House  of  Representatives  shall 
choose  immediately,  by  ballot,  the  President.  But  in  choosing 
the  President,  the  votes  shall  be  taken  by  States,  the  representa- 
tion from  each  State  having  one  vote ;  a  quorum  for  this  purpose 
shall  consist  of  a  member  or  members  from  two  thirds  of  the 
States,  and  a  majority  of  all  the  States  shall  be  necessary  to  a 
choice.  And  if  the  House  of  Representatives  shall  not  choose 
a  President  whenever  the  right  of  choice  shall  devolve  upon 
them,  before  the  fourth  day  of  March  next  following,  then  the 
Vice  President  shall  act  as  President,  as  in  case  of  the  death  or 
other  constitutional  disability  of  the  President.  The  person 
having  the  greatest  number  of  votes  as  Vice  President  shall  be 
the  Vice  President,  if  such  number  be  a  majority  of  the  whole 
number  of  Electors  appointed,  and  if  no  person  have  a  majority, 
then  from  the  two  highest  numbers  on  the  list,  the  Senate  shall 
choose  the  Vice  President;  a  quorum  for  the  purpose  shall  consist 
of  two  thirds  of  the  whole  number  of  Senators,  and  a  majority 
of  the  whole  number  shall  be  necessary  to  a  choice.  But  no 
person  constitutionally  ineligible  to  the  office  of  President  shall 
be  eligible  to  that  of  Vice  President  of  the  United  States. 


ARTICLE  XIII 


Slavery 
abolished 


Sec.  I.  Neither  slavery  nor  involuntary  servitude,  except  as 
a  punishment  for  crime  whereof  the  party  shall  have  been  duly 
Negro  a  convicted,  shall  exist  within  the  United  States,  or  any  place 
subject  to  their  jurisdiction. 

Sec.  II.  Congress  shall  have  power  to  enforce  this  article  by 
appropriate  legislation. 


free  man 


ARTICLE  XIV 


Who  are 

citizens? 


Sec.  I.  All  persons  born  or  naturalized  in  the  United  States, 
and  subject  to  the  jurisdiction  thereof,  are  citizens  of  the  United 
Nc1f[zen    States  and  of  the  State  wherein  they  reside.     No  State  shall 
make  or  enforce  any  law  which  shall  abridge  the  privileges  or 
powers    immunities  of  citizens  of  the  United  States;  nor  shall  any  State 
restricted    deprive  any  person  of  life,  liberty,   or  property,  without  due 


CONSTITUTION  OF  THE  UNITED  STATES      xxiii 


process  of  law;  nor  deny  to  any  person  within  its  jurisdiction 
the  equal  protection  of  the  laws. 

Sec.  II.  Representatives  shall  be  apportioned  among  the  sev- 
eral States  according  to  their  respective  numbers,  counting  the 
whole  number  of  persons  in  each  State,  excluding  Indians  not 
taxed.  But  when  the  right  to  vote  at  any  election  for  the  choice 
of  Electors  for  President  and  Vice  President  of  the  United  States, 
Representatives  in  Congress,  the  executive  and  judicial  officers 
of  a  State,  or  the  members  of  the  legislature  thereof,  is  denied 
to  any  of  the  male  inhabitants  of  such  State,  being  twenty-one 
years  of  age,  and  citizens  of  the  United  States,  or  in  any  way 
abridged,  except  for  participation  in  rebellion,  or  other  crime, 
the  basis  of  representation  therein  shall  be  reduced  in  the  pro- 
portion which  the  number  of  such  male  citizens  shall  bear  to 
the  whole  number  of  male  citizens  twenty-one  years  of  age  in 
such  State. 

Sec.  III.  No  person  shall  be  a  Senator  or  Representative  in 
Congress,  or  Elector  of  President  and  Vice  President,  or  hold  any 
office,  civil  or  military,  under  the  United  States,  or  under  any 
State,  who,  having  previously  taken  an  oath,  as  a  member  of  Con- 
gress, or  as  an  officer  of  the  United  States,  or  as  a  member  of 
any  State  legislature,  or  as  an  executive  or  judicial  officer  of  any 
State,  to  support  the  Constitution  of  the  United  States,  shall 
have  engaged  in  insurrection  or  rebellion  against  the  same,  or 
given  aid  or  comfort  to  the  enemies  thereof.  But  Congress 
may  by  a  vote  of  two  thirds  of  each  house,  remove  such  disability. 

Sec.  IV.  The  validity  of  the  public  debt  of  the  United  States, 
authorized  by  law,  including  debts  incurred  for  payment  of 
pensions  and  bounties  for  services  in  suppressing  insurrection 
or  rebellion,  shall  not  be  questioned.  But  neither  the  United 
States  nor  any  State  shall  assume  or  pay  any  debt  or  obligation 
incurred  in  aid  of  insurrection  or  rebellion  against  the  United 
States,  or  any  claim  for  the  loss  or  emancipation  of  any  slave; 
but  all  such  debts,  obligations  and  claims  shall  be  held  illegal 
and  void. 

Sec.  V.  The  Congress  shall  have  power  to  enforce,  by  appro- 
priate legislation,  the  provisions  of  this  article. 


Basis  of 
represen- 
tation in 
congress: 
all  male 
citizens 


Political 
disability 


What 
debts  are 
valid 


ARTICLE  XV 

Sec.  I.  The  right  of  citizens  of  the  United  States  to  vote  shall    Negro  a 
not  be  denied  or  abridged  by  the  United  States  or  by  any  State    voter 
on  account  of  race,  color,  or  previous  condition  of  servitude. 

Sec.  II.  The  Congress  shall  have  power  to  enforce  this  article 
by  appropriate  legislation. 


APPENDIX  C 

ENABLING  ACT 


[Approved  February  22,  1889.] 

AN  ACT  to  provide  for  the  division  of  Dakota  into  two  states  and  to  enable 
the  people  of  North  Dakota,  South  Dakota,  Montana  and  Washington 
to  form  constitutions  and  state  governments  and  to  be  admitted  into 
the  union  on  an  equal  footing  with  the  original  states,  and  to  make 
donations  of  public  lands  to  such  states. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  Assembled,  That  the  inhabitants  of  all 
that  part  of  the  area  of  the  United  States  now  constituting  the  terri- 
tories of  Dakota,  Montana  and  Washington  as  at  present  described, 
may  become  the  states  of  North  Dakota,  South  Dakota,  Montana  and 
Washington,  respectively,  as  hereinafter  provided. 

Sec.  2.  The  area  comprising  the  territory  of  Dakota  shall  for  the 
purposes  of  this  act  be  divided  on  the  line  of  the  7th  standard  parallel 
produced  due  west  to  the  western  boundary  of  said  territory;  and  the 
delegates  elected  as  hereinafter  provided  to  the  constitutional  con- 
vention in  districts  north  of  said  parallel  shall  assemble  in  convention, 
at  the  time  prescribed  in  this  act,  at  the  City  of  Bismarck;  and  the 
delegates  elected  in  districts  south  of  said  parallel  shall,  at  the  same 
time,  assemble  in  convention  at  the  city  of  Sioux  Falls. 

Sec.  3.  That  all  persons  who  are  qualified  by  the  laws  of  said  terri- 
tories to  vote  for  representatives  to  the  legislative  assemblies  thereof 
are  hereby  authorized  to  vote  for  and  choose  delegates  to  form  conven- 
tions in  said  proposed  states;  and  the  qualifications  for  delegates  to 
such  conventions  shall  be  such  as  by  the  laws  of  said  territories  respec- 
tively, persons  are  required  to  possess  to  be  eligible  to  the  legislative 
assemblies  thereof;  and  the  aforesaid  delegates  to  form  said  conven- 
tions shall  be  apportioned  within  the  limits  of  the  proposed  states,  in 
such  districts  as  may  be  established  as  herein  provided,  in  proportion 
to  the  population  in  each  of  said  counties  and  districts,  as  near  as  may 
be,  to  be  ascertained  at  the  time  of  making  said  apportionments  by 
the  persons  hereinafter  authorized  to  make  the  same  from  the  best 
information  obtainable,  in  each  of  which  districts  three  delegates 
shall  be  elected,  but  no  elector  shall  vote  for  more  than  two  persons 

xxiv 


ENABLING  ACT  xxv 

for  delegates  to  such  conventions;  that  said  apportionments  shall  be 
made  by  the  governor,  the  chief  justice  and  the  secretary  of  said  terri- 
tories; and  the  governors  of  said  territories  shall,  by  proclamation, 
order  an  election  of  the  delegates  aforesaid  in  each  of  said  proposed 
states,  to  be  held  on  the  Tuesday  after  the  second  Monday  in  May, 
1889;  which  proclamation  shall  be  issued  on  the  15th  day  of  April,  1889; 
and  such  election  shall  be  conducted,  the  returns  made,  the  result 
ascertained,  and  the  certificates  to  persons  elected  to  such  conventions 
issued  in  the  same  manner  as  is  prescribed  by  the  laws  of  the  said  terri- 
tories regulating  elections  therein  for  delegates  to  congress;  and  the 
number  of  votes  cast  for  delegates  in  each  precinct  shall  also  be  returned. 
The  number  of  delegates  to  said  conventions  respectively  shall  be  75; 
and  all  persons  resident  in  said  proposed  states  who  are  qualified  voters 
of  said  territories  as  herein  provided,  shall  be  entitled  to  vote  upon  the 
election  of  delegates;  and  under  such  rules  and  regulations  as  said  con- 
ventions may  prescribe,  not  in  conflict  with  this  act  upon  the  ratifi- 
cation or  rejection  of  the  constitutions. 

Sec.  4.  That  the  delegates  to  the  conventions  elected  as  provided 
for  in  this  act  shall  meet  at  the  seat  of  government  of  each  of  said 
territories,  except  the  delegates  elected  in  South  Dakota,  who  shall  meet 
at  the  city  of  Sioux  Falls,  on  the  fourth  day  of  July,  1889,  and  after 
organization  shall  declare,  on  behalf  of  the  people  of  said  proposed 
states,  that  they  adopt  the  constitution  of  the  United  States;  where- 
upon the  said  conventions  shall  be,  and  are  hereby  authorized  to  form 
constitutions  and  state  governments  for  said  proposed  states  respec- 
tively. The  constitution  shall  be  republican  in  form,  and  make  no 
distinction  in  civil  or  political  rights  on  account  of  race  or  color,  except 
as  to  Indians  not  taxed,  and  not  be  repugnant  to  the  constitution  of 
the  United  States  and  the  principles  of  the  declaration  of  independence. 
And  said  convention  shall  provide,  by  ordinances  irrevocable  without 
the  consent  of  the  United  States  and  the  people  of  said  states: 

First.  That  the  perfect  toleration  of  religious  sentiment  shall  be 
secured,  and  that  no  inhabitant  of  said  states  shall  ever  be  molested  in 
person  or  property  on  account  of  his  or  her  mode  of  religious  worship. 

Second.  That  the  people  inhabiting  said  proposed  states  do  agree  and 
declare  that  they  forever  disclaim  all  right  and  title  to  the  unappropri- 
ated public  lands  lying  within  the  boundaries  thereof,  and  to  all  lands 
lying  within  said  limits  owned  or  held  by  any  Indian  or  Indian  tribes; 
and  that  until  the  title  thereto  shall  have  been  extinguished  by  the 
United  States  the  same  shall  be  and  remain  subject  to  the  disposition 
of  the  United  States,  and  said  Indian  lands  shall  remain  under  the 
absolute  jurisdiction  and  control  of  the  congress  of  the  United  States; 
that  the  lands  belonging  to  citizens  of  the  United  States  residing  without 
the  said  states  shall  never  be  taxed  at  a  higher  rate  than  the  lands 
belonging  to  residents  thereof;  that  no  taxes  shall  be  imposed  by  the 
states  on  lands  or  property  therein  belonging  to  or  which  may  hereafter 


xxvi  APPENDIX  C 

be  purchased  by  the  United  States  or  reserved  for  its  use.  But  noth- 
ing herein,  or  in  the  ordinances  herein  provided  for,  shall  preclude  the 
said  states  from  taxing  as  other  lands  are  taxed  any  lands  owned  or 
held  by  any  Indian  who  has  severed  his  tribal  relations,  and  has  obtained 
from  the  United  States  or  from  any  person  a  title  thereto  by  patent  or 
other  grant,  save  and  except  such  lands  as  have  been  or  may  be  granted 
to  any  Indian  or  Indians  under  any  act  of  congress  containing  a  pro- 
vision exempting  the  lands  thus  granted  from  taxation;  but  said  ordi- 
nances shall  provide  that  all  such  lands  shall  be  exempt  from  taxation 
by  said  states  so  long  and  to  such  extent  as  such  act  of  congress  may 
prescribe. 

Third.  That  the  debts  and  liabilities  of  said  territories  shall  be 
assumed  and  paid  by  said  states  respectively. 

Fourth.  That  provision  shall  be  made  for  the  establishment  and 
maintenance  of  systems  of  public  schools,  which  shall  be  open  to  all 
the  children  of  said  states,  and  free  from  sectarian  control. 

Sec.  5.  That  the  convention  which  shall  assemble  at  Bismarck  shall 
form  a  constitution  and  state  government  for  a  state  to  be  known  as 
North  Dakota  and  the  convention  which  shall  assemble  at  Sioux  Falls 
shall  form  a  constitution  and  state  government  for  a  state  to  be  known 
as  South  Dakota;  provided,  that  at  the  election  for  delegates  to  the 
constitutional  convention  in  South.  Dakota,  as  hereinbefore  provided, 
each  elector  may  have  written  or  printed  on  his  ballot  the  words  "  For 
the  Sioux  Falls  Constitution "  or  the  words  "  Against  the  Sioux  Falls 
Constitution  "  and  the  votes  on  this  question  shall  be  returned  and  can- 
vassed in  the  same  manner  as  for  the  election  provided  for  in  section  3 
of  this  act;  and  if  a  majority  of  all  votes  cast  on  this  question  shall  be 
"For  the  Sioux  Falls  Constitution"  it  shall  be  the  duty  of  the  conven- 
tion which  may  assemble  at  Sioux  Falls,  as  herein  provided,  to  resubmit 
to  the  people  of  South  Dakota,  for  ratification  or  rejection  at  thft  election 
hereinafter  provided  for  in  this  act,  the  constitution  framed  at  Sioux 
Falls  and  adopted  Nov.  3,  1885,  and  also  the  articles  and  propositions 
separately  submitted  at  that  election,  including  the  question  of  locating 
the  temporary  seat  of  government,  with  such  changes  only  as  relate  to 
the  name  and  boundary  of  the  proposed  state,  to  the  reapportionment 
of  the  judicial  and  legislative  districts,  and  such  amendments  as  may 
be  necessary  in  order  to  comply  with  the  provisions  of  this  act;  and  if 
a  majority  of  the  votes  cast  on  the  ratification  or  rejection  of  the  con- 
stitution shall  be  for  the  constitution  irrespective  of  the  articles  sepa- 
rately submitted,  the  state  of  South  Dakota  shall  be  admitted  as  a  state 
in  the  union  under  said  constitution  as  hereinafter  provided ;  but  the  ar- 
chives, records  and  books  of  the  territory  of  Dakota  shall  remain  at  Bis- 
marck, the  capital  of  North  Dakota,  until  an  agreement  in  reference 
thereto  is  reached  by  said  states.  But  if  at  the  election  for  delegates 
to  the  constitutional  convention  in  South  Dakota  a  majority  of  all  the 
votes  cast  at  that  election  shall  be  "  Against  the  Sioux  Falls  Constitu- 


ENABLING  ACT  xxvii 

tion,"  then,  and  in  that  event  it  shall  be  the  duty  of  the  convention 
which  will  assemble  at  the  city  of  Sioux  Falls  on  the  fourth  day  of  July, 
1889,  to  proceed  to  form  a  constitution  and  state  government  as  pro- 
vided in  this  act  the  same  as  if  that  question  had  not  been  submitted 
to  a  vote  of  the  people  of  South  Dakota. 

Sec.  6.  It  shall  be  the  duty  of  the  constitutional  ^conventions  of 
North  Dakota  and  South  Dakota  to  appoint  a  joint  commission  to  be 
composed  of  not  less  than  three  members  of  each  convention,  whose 
duty  it  shall  be  to  assemble  at  Bismarck,  the  present  seat  of  government 
of  said  territory,  and  agree  upon  an  equitable  division  of  all  property 
belonging  to  the  territory  of  Dakota,  the  disposition  of  all  public  records, 
and  also  adjust  and  agree  upon  the  amount  of  the  debts  and  liabilities 
of  the  territory  which  shall  be  assumed  and  paid  by  each  of  the  pro- 
posed states  of  North  Dakota  and  South  Dakota,  and  the  agreement 
reached  respecting  the  territorial  debts  and  liabilities  shall  be  incor- 
porated in  the  respective  constitutions,  and  each  of  said  states  shall 
obligate  itself  to  pay  its  proportion  of  such  debts  and  liabilities  the 
same  as  if  they  had  been  created  by  such  states  respectively. 

Sec.  7.  If  the  constitutions  formed  for  both  North  Dakota  and 
South  Dakota  shall  be  rejected  by  the  people  at  the  elections  for  the 
ratification  or  rejection  of  their  respective  constitutions  as  provided 
for  in  this  act,  the  territorial  government  of  Dakota  shall  continue  in 
existence  the  same  as  if  this  act  had  not  been  passed.  But  if  the  con- 
stitution formed  for  either  North  Dakota  or  South  Dakota  shall  be 
rejected  by  the  people,  that  part  of  the  territory  so  rejecting  its  pro- 
posed constitution  shall  continue  under  the  territorial  government  of 
the  present  territory  of  Dakota,  but  shall,  after  the  state  adopting  its 
constitution  is  admitted  into  the  union  be  called  by  the  name  of  the 
territory  of  North  Dakota  or  South  Dakota,  as  the  case  may  be;  pro- 
vided, that  if  either  of  the  proposed  states  provided  for  in  this  act  shall 
reject  the  constitution  which  may  be  submitted  for  ratification  or  rejec- 
tion at  the  election  provided  therefor,  the  governor  of  the  territory 
in  which  such  proposed  constitution  was  rejected  shall  issue  his  proc- 
lamation reconvening  the  delegates  elected  to  the  convention  which 
formed  such  rejected  constitution,  fixing  the  time  and  place  at  which 
said  delegates  shall  assemble;  and  when  so  assembled  they  shall  pro- 
ceed to  form  another  constitution  or  to  amend  the  rejected  constitu- 
tion, and  shall  submit  such  new  constitution  or  amended  constitu- 
tion to  the  people  of  the  proposed  state  for  ratification  or  rejection  at 
such  time  as  said  convention  may  determine;  and  all  the  provisions  of 
this  act,  so  far  as  applicable,  shall  apply  to  such  convention  so  reas- 
sembled and  to  the  constitution  which  may  be  formed,  its  ratification 
or  rejection,  and  to  the  admission  of  the  proposed  state. 

Sec.  8.  That  the  constitutional  convention  which  may  assemble  in 
South  Dakota  shall  provide  by  ordinance  for  resubmitting  the  Sioux 
Falls  constitution  of  1885,  after  having  amended  the  same  as  provided 


xxviii  APPENDIX  C 

in  section  5  of  this  act,  to  the  people  of  South  Dakota  for  ratification 
or  rejection  at  an  election  to  be  held  therein  on  the  first  Tuesday  in  Octo- 
ber, 1889;  but  if  said  constitutional  convention  is  authorized  and 
required  to  form  a  new  constitution  for  South  Dakota  it  shall  provide 
for  submitting  the  same  in  like  manner  to  the  people  of  South  Dakota 
for  ratification  or  rejection,  at  an  election  to  be  held  in  said  proposed 
state  on  the  said  first  Tuesday  in  October.  And  the  constitutional 
conventions  which  may  assemble  in  North  Dakota,  Montana  and 
Washington  shall  provide  in  like  manner  for  submitting  the  consti- 
tutions formed  by  them  to  the  people  of  said  proposed  states,  respec- 
tively, for  ratification  or  rejection  at  elections  to  be  held  in  said  pro- 
posed states  on  the  said  first  Tuesday  in  October.  At  the  elections 
provided  for  in  this  section  the  qualified  voters  of  said  proposed  states 
shall  vote  directly  for  or  against  the  proposed  constitutions,  and  for 
or  against  any  articles  or  propositions  separately  submitted.  The 
returns  of  said  elections  shall  be  made  to  the  secretary  of  each  of  said 
territories,  who,  with  the  governor  and  chief  justice  thereof,  or  any 
two  of  them,  shall  canvass  the  same;  and  if  a  majority  of  the  legal 
votes  cast  shall  be  for  the  constitution  the  governor  shall  certify  the 
result  to  the  president  of  the  United  States,  together  with  a  statement 
of  the  votes  cast  thereon  and  upon  separate  articles  or  propositions, 
and  a  copy  of  the  said  constitution,  articles,  propositions  and  ordi- 
nances. And  if  the  constitutions  and  governments  of  said  proposed 
states  are  republican  in  form,  and  if  all  the  provisions  of  this  act  have 
been  complied  with  in  the  formation  thereof,  it  shall  be  the  duty  of  the 
president  of  the  United  States  to  issue  his  proclamation  announcing 
the  result  of  the  election  in  each,  and  thereupon  the  proposed  states 
which  have  adopted  constitutions  and  formed  state  governments  as 
herein  provided,  shall  be  deemed  admitted  by  congress  into  the  union 
under  and  by  virtue  of  this  act,  on  an  equal  footing  with  the  original 
states  from  and  after  the  date  of  said  proclamation. 

Sec.  9.  That  until  the  next  general  census,  or  until  otherwise  pro- 
vided by  law,  said  states  shall  be  entitled  to  one  representative  in  the 
house  of  representatives  of  the  United  States,  except  South  Dakota, 
which  shall  be  entitled  to  two;  and  the  representatives  to  the  fifty- 
first  congress,  together  with  the  governors  and  other  officers  provided 
for  in  said  constitutions  may  be  elected  on  the  same  day  of  the  elec- 
tion for  the  ratification  or  rejection  of  the  constitutions,  and  until 
said  state  officers  are  elected  and  qualified  under  the  provisions  of 
each  constitution  and  the  states,  respectively,  are  admitted  into  the 
union,  the  territorial  officers  shall  continue  to  discharge  the  duties  of 
their  respective  officers  in  each  of  said  territories. 

Sec.  10.  That  upon  the  admission  of  each  of  said  states  into  the 
union  sections  numbered  16  and  36  in  every  township  of  said  proposed 
states,  and  where  such  sections,  or  any  parts  thereof,  have  been  sold 
or  otherwise  disposed  of  by  or  under  the  authority  of  any  act  of  con- 


ENABLING  ACT  xxix 

gress,  other  lands  equivalent  thereto,  in  legal  subdivisions  of  not  less 
than  one-quarter  section  and  as  contiguous  as  may  be  to  the  section 
in  lieu  of  which  the  same  is  taken,  are  hereby  granted  to  said  states  for 
the  support  of  common  schools,  such  indemnity  lands  to  be  selected 
within  said  states  in  such  manner  as  the  legislature  may  provide, 
with  the  approval  of  the  secretary  of  the  interior;  provided,  that  the 
16th  and  36th  sections  embraced  in  permanent  reservations  for  national 
purposes  shall  not,  at  any  time,  be  subject  to  the  grants  nor  to  the 
indemnity  provisions  of  this  act,  nor  shall  any  lands  embraced  in 
Indian,  military,  or  other  reservations  of  any  character,  be  subject 
to  the  grants  or  to  the  indemnity  provisions  of  this  act  until  the  reser- 
vation shall  have  been  extinguished  and  such  lands  be  restored  to, 
and  become  a  part  of,  the  public  domain. 

Sec.  11.  That  all  lands  herein  granted  for  educational  purposes 
shall  be  disposed  of  only  at  public  sale,  and  at  a  price  not  less  than  $10 
per  acre,  the  proceeds  to  constitute  a  permanent  school  fund,  the  inter- 
est of  which  only  shall  be  expended  in  the  support  of  said  schools. 
But  said  lands  may,  under  such  regulations  as  the  legislature  shall  pre- 
scribe, be  leased  for  periods  of  not  more  than  five  years,  in  quantities 
not  exceeding  one  section  to  any  person  or  company;  and  such  land 
shall  not  be  subject  to  pre-emption,  homestead  entry,  or  any  other 
entry  under  the  land  laws  of  the  United  States,  whether  surveyed  or 
unsurveyed,  but  shall  be  reserved  for  school  purposes  only. 

Sec.  12.  That  upon  the  admission  of  each  of  said  states  into  the  union, 
in  accordance  with  the  provisions  of  this  act,  fifty  sections  of  the  unap- 
propriated public  lands  within  said  states,  to  be  selected  and  located 
in  legal  subdivisions  as  provided  in  section  10  of  this  act,  shall  be,  and 
are  hereby,  granted  to  said  states  for  the  purpose  of  erecting  public 
buildings  at  the  capital  of  said  states  for  legislative,  executive  and 
judicial  purposes. 

Sec.  13.  That  5  per  centum  of  the  proceeds  of  the  sales  of  public 
lands  lying  within  said  states  which  shall  be  sold  by  the  United  States 
subsequent  to  the  admission  of  said  states  into  the  union,  after  deduct- 
ing all  the  expenses  incident  to  the  same,  shall  be  paid  to  the  said  states, 
to  be  used  as  a  permanent  fund,  the  interest  of  which  only  shall  be 
expended  for  the  support  of  common  schools  within  said  states  respec- 
tively. 

Sec.  14.  That  the  lands  granted  to  the  territories  of  Dakota  and 
Montana  by  the  act  of  Feb.  18,  1881,  entitled  "An  act  to  grant  lands 
to  Dakota,  Montana,  Arizona,  Idaho  and  Wyoming  for  university 
purposes,"  are  hereby  vested  in  the  states  of  South  Dakota,  North 
Dakota  and  Montana,  respectively,  if  such  states  are  admitted  into 
the  union  as  provided  in  this  act,  to  the  extent  of  the  full  quantity 
of  seventy-two  sections  to  each  of  said  states,  and  any  portion  of  said 
lands  that  may  not  have  been  selected  by  either  of  said  territories  of 
Dakota  or  Montana  may  be  selected  by  the  respective  states  aforesaid ; 


xxx  APPENDIX  C 

but  said  act  of  February  18,  1881,  shall  be  so  amended  as  to  provide 
that  none  of  said  lands  shall  be  sold  for  less  than  $10  per  acre,  and  the 
proceeds  shall  constitute  a  permanent  fund  to  be  safely  invested  and 
held  by  said  states  severally,  and  the  income  thereof  be  used  exclu- 
sively for  university  purposes.  And  such  quantity  of  the  lands  author- 
ized by  the  fourth  section  of  the  act  of  July  17,  1854,  to  be  reserved 
for  university  purposes  in  the  territory  of  Washington,  as,  together 
with  the  lands  confirmed  to  the  vendees  of  the  territory  by  the  act  of 
March  14,  1864,  will  make  the  full  quantity  of  seventy-two  entire 
sections,  are  hereby  granted  in  like  manner  to  the  state  of  Washington 
for  the  purposes  of  a  university  in  said  state.  None  of  the  lands  granted 
in  this  section  shall  be  sold  at  less  than  $10  per  acre;  but  said  lands  may 
be  leased  in  the  same  manner  as  provided  in  section  1 1  of  this  act.  The 
schools,  colleges  and  universities  provided  for  in  this  act  shall  forever 
remain  under  exclusive  control  of  the  said  states  respectively,  and 
no  part  of  the  proceeds  arising  from  the  sale  or  disposal  of  any  lands 
herein  granted  for  educational  purposes  shall  be  used  for  the  support  of 
any  sectarian  or  denominational  school,  college  or  university.  The 
section  of  land  granted  by  the  act  of  June  16,  1880,  to  the  territory  of 
Dakota,  for  an  asylum  for  the  insane  shall,  upon  the  admission  of  said 
state  of  South  Dakota  into  the  union,  become  the  property  of  said  state. 

Sec.  15.  That  so  much  of  the  lands  belonging  to  the  United  States 
as  have  been  acquired  and  set  apart  for  the  purpose  mentioned  in  "An 
act  appropriating  money  for  the  erection  of  a  penitentiary  in  the  terri- 
tory of  Dakota,"  approved  March  2,  1881,  together  with  the  buildings 
thereon,  be,  and  the  same  is  hereby  granted,  together  with  any  unex- 
pended balances  of  the  money  appropriated  therefor  by  said  act,  to 
said  state  of  South  Dakota,  for  the  purposes  therein  designated;  and 
the  States  of  North  Dakota  and  Washington  shall,  respectively,  have 
like  grants  for  the  same  purpose,  and  subject  to  like  terms  and  condi- 
tions as  provided  in  said  act  of  March  2,  1881,  for  the  the  territory  of 
Dakota.  The  penitentiary  at  Deer  Lodge  City,  Mont.,  and  all  land  con- 
nected therewith  and  set  apart  and  reserved  therefor,  are  hereby  granted 
to  the  state  of  Montana. 

Sec.  16.  That  90,000  acres  of  land,  to  be  selected  and  located  as 
provided  in  section  10  of  this  act,  are  hereby  granted  to  each  of  said 
states,  except  to  the  state  of  South  Dakota,  to  which  120,000  acres 
are  granted,  for  the  use  and  support  of  agricultural  colleges  in  said 
states,  as  provided  in  the  acts  of  congress  making  donations  of  lands 
for  such  purposes. 

Sec.  17.  That  in  lieu  of  the  grant  of  land  for  purposes  of  internal 
improvement  made  to  new  states  by  the  eighth  section  of  the  act  of 
Sept.  4,  1841,  which  act  is  hereby  repealed  as  to  the  states  provided  for 
by  this  act,  and  in  lieu  of  any  claim  or  demand  by  the  said  states,  or 
either  of  them,  under  the  act  of  Sept.  28,  1850,  and  sections  2479  of 
the  revised  statutes,  making  a  grant  of  swamp  and  overflowed  lands  to 


ENABLING  ACT  xxxi 

certain  states,  which  grant  it  is  hereby  declared  is  not  extended  to  the 
states  provided  for  in  this  act,  and  in  lieu  of  any  grant  of  saline  lands 
to  said  states,  the  following  grants  of  land  are  hereby  made,  to  wit: 

To  the  state  of  South  Dakota:  For  the  school  of  mines,  40,000 
acres;  for  the  reform  school  40,000  acres;  for  the  deaf  and  dumb  asylum, 
40,000  acres;  for  the  agricultural  college,  40,000  acres;  for  the  univer- 
sity, 40,000  acres;  for  the  state  normal  schools,  80,000  acres;  for  public 
buildings  at  the  capital  of  said  state,  50,000  acres;  for  such  other 
educational  and  charitable  purposes  as  the  legislature  of  said  state  may 
determine,  170,000  acres;  in  all  500,000  acres. 

To  the  state  of  North  Dakota  a  like  quantity  of  land  as  is  in  this 
section  granted  to  the  state  of  South  Dakota,  and  to  be  for  like  purposes 
and  in  like  proportion  as  far  as  practicable. 

To  the  state  of  Montana:  For  the  establishment  and  maintenance 
of  a  school  of  mines,  100,000  acres;  for  state  normal  schools,  100,000 
acres;  for  agricultural  colleges,  in  addition  to  the  grant  hereinbefore 
made  for  that  purpose,  50,000  acres;  for  the  establishment  of  a  state 
reform  school,  50,000  acres;  for  the  establishment  of  a  deaf  and  dumb 
asylum,  50,000  acres;  for  public  buildings  at  the  capital  of  the  state,  in 
addition  to  the  grants  hereinbefore  made  for  that  purpose,  150,000  acres. 

To  the  state  of  Washington :  For  the  establishment  and  maintenance 
of  a  scientific  school,  100,000  acres;  for  the  state  normal  schools,  100,000 
acres;  for  public  buildings  at  the  state  capital  in  addition  to  the  grant 
hereinbefore  made  for  that  purpose,  100,000  acres'  for  state,  charitable, 
educational,  penal  and  reformatory  institutions,  200,000  acres. 

That  the  states  provided  for  in  this  act  shall  not  be  entitled  to  any 
further  or  other  grants  of  land  for  any  purpose  than  as  expressly  pro- 
vided in  this  act.  And  the  lands  granted  by  this  section  shall  be  held 
appropriated,  and  disposed  of  exclusively  for  the  purposes  herein 
mentioned,  in  such  manner  as  the  legislatures  of  the  respective  states 
may  severally  provide. 

Sec.  18.  That  all  mineral  lands  shall  be  exempted  from  the  grants 
made  by  this  act.  But  if  sections  16  and  36  or  any  subdivision  or 
portion  of  any  smallest  subdivision  thereof  in  any  township  shall  be 
found  by  the  department  of  the  interior  to  be  mineral  lands  said  states 
are  hereby  authorized  and  empowered  to  select,  in  legal  subdivisions, 
an  equal  quantity  of  other  unappropriated  lands  in  said  states,  in  lieu 
thereof,  for  the  use  and  benefits  of  the  common  schools  of  said  states. 

Sec.  19.  That  all  lands  granted  in  quantity  or  as  indemnity  by 
this  act  shall  be  selected,  under  the  direction  of  the  secretary  of  the 
interior,  from  the  surveyed,  unreserved  and  unappropriated  public 
lands  of  the  United  States  within  the  limits  of  the  respective  states 
entitled  thereto.  And  there  shall  be  deducted  from  the  number  of 
acres  of  land  donated  by  this  act  for  specific  objects  to  said  states  the 
number  of  acres  in  each  heretofore  donated  by  congress  to  said  terri- 
tories for  similar  objects. 


xxxii  APPENDIX  C 

Sec.  20.  That  the  sum  of  $20,000,  or  so  much  thereof  as  may  be 
necessary,  is  hereby  appropriated  out  of  any  money  in  the  treasury 
not  otherwise  appropriated,  to  each  of  said  territories  for  defraying  the 
expenses  of  said  conventions,  except  to  Dakota,  for  which  the  sum  of 
$40,000  is  so  appropriated,  $20,000  each  to  South  Dakota  and  North 
Dakota,  and  for  the  payment  of  the  members  thereof,  under  the  same 
rules  'and  regulations  and  at  the  same  rates  as  are  now  provided  by 
law  for  the  payment  of  the  territorial  legislatures.  Any  money  here- 
by appropriated  not  necessary  for  such  purpose  shall  be  covered  into 
the  treasury  of  the  United  States. 

Sec.  21.  That  each  of  said  states,  when  admitted  as  aforesaid,  shall 
constitute  one  judicial  district,  the  names  thereof  to  be  the  same  as 
the  names  of  the  states,  respectively;  and  the  circuit  and  district  courts 
therefor  shall  be  held  at  the  capital  of  such  state  for  the  time  being, 
and  each  of  said  districts  shall,  for  judicial  purposes,  until  otherwise 
provided,  be  attached  to  the  Eighth  judicial  circuit,  except  Washington 
and  Montana,  which  shall  be  attached  to  the  Ninth  judicial  circuit. 
There  shall  be  appointed  for  each  of  said  districts  one  district  judge,  one 
United  States  attorney,  and  one  United  States  marshal.  The  judge 
of  each  of  said  districts  shall  receive  a  yearly  salary  of  $3,500,  payable 
in  four  equal  installments,  on  the  first  days  of  January,  April,  July  and 
October  of  each  year,  and  shall  reside  in  the  district.  There  shall  be 
appointed  clerks  of  said  courts  in  each  district,  who  shall  keep  their 
offices  at  the  capital  of  said  state.  The  regular  terms  of  said  courts 
shall  be  held  in  each  district,  at  the  place  aforesaid,  on  the  first  Monday 
in  April  and  the  first  Monday  in  November  of  each  year,  and  only  one 
grand  jury  and  one  petit  jury  shall  be  summoned  in  both  said  circuit 
and  district  courts.  The  circuit  and  district  courts  for  each  of  said 
districts  and  the  judges  thereof,  respectively,  shall  possess  the  same 
powers  and  jurisdiction,  and  perform  the  same  duties  required  to  be 
performed  by  the  other  circuit  and  district  courts  and  judges  of  the 
United  States,  and  shall  be  governed  by  the  same  laws  and  regulations. 
The  marshal,  district  attorney  and  clerks  of  the  circuit  and  district 
courts  of  each  of  said  districts,  and  all  other  officers  and  persons  per- 
forming duties  in  the  administration  of  justice  therein,  shall  severally 
possess  the  powers  and  perform  the  duties  lawfully  possessed  and 
required  to  be  performed  by  similar  officers  in  other  districts  of  the 
United  States;  and  shall,  for  the  services  they  may  perform,  receive  the 
fees  and  compensation  allowed  by  law  to  other  similar  officers  and 
persons  performing  similar  duties  in  the  state  of  Nebraska. 

Sec.  22.  In  all  cases  of  appeal  or  writ  of  error  heretofore  prosecuted 
and  now  pending  in  the  supreme  court  of  the  United  States  upon  any 
record  from  the  supreme  court  of  either  of  the  territories  mentioned 
in  this  act,  or  that  may  hereafter  lawfully  be  prosecuted  upon  any 
record  from  either  of  said  courts,  may  be  heard  and  determined  by 
said  supreme  court  of  the  United  States.  And  the  mandate  of  exe- 


ENABLING  ACT  xxxiii 

cution  or  of  further  proceedings  shall  be  directed  by  the  supreme  court 
of  the  United  States  to  the  circuit  or  district  court  hereby  established 
within  the  state  succeeding  the  territory  from  which  such  record  is  or 
may  be  pending,  or  to  the  supreme  court  of  such  state,  as  the  nature 
of  the  case  may  require;  provided,  that  the  mandate  of  execution  or  of 
further  proceedings  shall,  in  cases  arising  in  the  territory  of  Dakota,  be 
directed  by  the  supreme  court  of  the  United  States  to  the  circuit  or 
district  court  of  the  district  of  South  Dakota,  or  to  the  supreme  court 
of  the  state  of  South  Dakota;  or  to  the  circuit  or  district  court  of  the 
district  of  North  Dakota,  or  to  the  supreme  court  of  the  state  of  North 
Dakota,  or  to  the  supreme  court  of  the  territory  of  North  Dakota,  as 
the  nature  of  the  case  may  require.  And  each  of  the  circuit,  district 
and  state  courts  herein  named  shall,  respectively,  be  the  successor  of 
the  supreme  court  of  the  territory,  as  to  all  such  cases  arising  within  the 
limits  embraced  within  the  jurisdiction  of  such  courts  respectively, 
with  full  power  to  proceed  with  the  same,  and  award  mesne  or  final 
process  therein;  and  that  from  all  judgments  and  decrees  of  the  supreme 
court  of  either  of  the  territories  mentioned  in  this  act,  in  any  case 
arising  within  the  limits  of  any  of  the  proposed  states  prior  to  admis- 
sion, the  parties  of  such  judgment  shall  have  the  same  right  to  prose- 
cute appeals  and  writs  of  error  to  the  supreme  court  of  the  United 
States  as  they  shall  have  had  by  law  prior  to  the  admission  of  said 
state  into  the  union. 

Sec.  23.  That  in  respect  to  all  cases,  proceedings  and  matters  now 
pending  in  the  supreme  or  district  courts  of  either  of  the  territories 
mentioned  in  this  act  at  the  time  of  the  admission  into  the  union  of 
either  of  the  states  mentioned  in  this  act,  and  arising  within  the  limits 
of  any  such  state,  whereof  the  circuit  or  district  courts  by  this  act 
established  might  have  had  jurisdiction  under  the  laws  of  the  United 
States  had  such  courts  existed  at  the  time  of  the  commencement  of 
such  cases,  the  said  circuit  and  district  courts,  respectively,  shall  be  the 
successors  of  said  supreme  and  district  courts  of  said  territory;  and  in 
respect  to  all  other  cases,  proceedings  and  matters  pending  in  the  supreme 
or  district  courts  of  any  of  the  territories  mentioned  in  this  act  at  the 
time  of  the  admission  of  such  territory  into  the  union,  arising  within 
the  limits  of  said  proposed  state,  the  courts  established  by  such  state 
shall,  respectively,  be  the  successors  of  said  supreme  and  district  terri- 
torial courts;  and  all  the  files,  records,  indictments  and  proceedings 
relating  to  any  such  cases  shall  be  transferred  to  such  circuit,  district 
and  state  courts  respectively,  and  the  same  shall  be  proceeded  with 
therein  in  due  course  of  law;  but  no  writ,  action,  indictment,  cause 
or  proceeding  now  pending,  or  that  prior  to  the  admission  of  any  of  the 
states  mentioned  in  this  act  shall  be  pending  in  any  territorial  court  in 
any  of  the  territories  mentioned  in  this  act,  shall  abate  by  the  admis- 
sion of  any  such  state  into  the  union,  but  the  same  shall  be  transferred 
and  proceeded  with  in  the  proper  United  States  circuit,  district  or 


xxxiv  APPENDIX  C 

state  court  as  the  case  may  be;  provided,  however,  that  in  all  civil 
actions,  causes  and  proceedings  in  which  the  United  States  is  not  a 
party,  transfers  shall  not  be  made  to  the  circuit  and  district  courts 
of  the  United  States  except  upon  written  request  of  one  of  the  parties 
to  such  action  or  proceeding  filed  in  the  proper  court;  and  in  the  absence 
of  such  request,  such  cases  shall  be  proceeded  with  in  the  proper  state 
courts. 

Sec.  24.  That  the  constitutional  conventions  may,  by  ordinance, 
provide  for  the  election  of  officers  for  full  state  governments,  including 
members  of  the  legislatures  and  representatives  in  the  fifty-first  congress; 
but  said  state  government  shall  remain  in  abeyance  until  the  states 
shall  be  admitted  into  the  union,  respectively,  as  provided  in  this  act. 
In  case  the  constitution  of  any  of  said  proposed  states  shall  be  ratified 
by  the  people,  but  not  otherwise,  the  legislature  thereof  may  assemble, 
organize,  and  elect  two  senators  of  the  United  States,  and  the  governor 
and  secretary  of  state  of  such  proposed  state  shall  certify  the  election 
of  the  senators  and  representatives  in  the  manner  required  by  law;  and 
when  such  state  is  admitted  into  the  union  the  senators  and  represent- 
atives shall  be  entitled  to  be  admitted  to  seats  in  congress,  and  to  all 
the  rights  and  privileges  of  senators  and  representatives  of  other  states 
in  the  congress  of  the  United  States;  and  the  officers  of  the  state  govern- 
ments formed  in  pursuance  of  said  constitutions,  as  provided  by  the 
constitutional  conventions,  shall  proceed  to  exercise  all  the  functions 
of  such  state  officers;  and  all  laws  in  force  made  by  said  territories 
at  the  time  of  their  admission  into  the  union  shall  be  in  force  in  said 
states,  except  as  modified  or  changed  by  this  act  or  by  the  constitutions 
of  the  states,  respectively. 

Sec.  25  That  all  acts  or  parts  of  acts  in  conflict  with  the  provisions 
of  this  act,  whether  passed  by  the  legislatures  of  said  territories  or 
by  congress,  are  hereby  repealed. 


APPENDIX  D 

CONSTITUTION  OF  THE  STATE  OF  NORTH 
DAKOTA 


[Adopted  Oct.  1,   1889;  yeas,  27,441;  nays,  8,107.] 

We,  the  people  of  North  Dakota,  grateful  to  Almighty  God 
for  the  blessingi  of  civil  and  religious  liberty,  do  ordain  and 
establish  this  constitution. 


Preamble 


ARTICLE  I— Declaration  of  Rights 

Section  1.  All  men  are  by  nature  equally  free  and  independent 
and  have  certain  inalienable  rights,  among  which  are  those  of 
enjoying  and  defending  life  and  liberty,  acquiring,  possessing 
and  protecting  property  and  reputation ;  and  pursuing  and  obtain- 
ing safety  and  happiness. 

Sec.  2.  All  political  power  is  inherent  in  the  people.  Gov- 
ernment is  instituted  for  the  protection,  security  and  benefit  of 
the  people,  and  they  have  a  right  to  alter  or  reform  the  same 
whenever  the  public  good  may  require. 

Sec.  3.  The  state  of  North  Dakota  is  an  inseparable  part  of 
the  American  union  and  the  Constitution  of  the  United  States 
is  the  supreme  law  of  the  land. 

Sec.  4.  The  free  exercise  and  enjoyment  of  religious  pro- 
fession and  worship,  without  discrimination  or  preference,  shall 
be  forever  guaranteed  in  this  state,  and  no  person  shall  be 
rendered  incompetent  to  be  a  witness  or  juror  on  account  of 
his  opinion  on  matters  of  religious  belief;  but  the  liberty  of 
conscience  hereby  secured  shall  not  be  so  construed  as  to  excuse 
acts  of  licentiousness,  or  justify  practices  inconsistent  with  the 
peace  or  safety  of  this  state. 

Sec.  5.  The  privilege  of  the  writ  of  habeas  corpus  shall  not 
be  suspended  unless,  when  in  case  of  rebellion  or  invasion,  the 
public  safety  may  require. 

Sec.  6.  All  persons  shall  be  bailable  by  sufficient  sureties, 
unless  for  capital  offenses,  when  the  proof  is  evident  or  the 
Govt.  No.  Dak. — 23  xxxv 


Bill  of 
rights 

Inalien- 
able rights 


Aim  of- 
govern- 
ment 


Supreme 
law 


Religious 
liberty 


Habeas 
corpus 


APPENDIX  D 


No  exces- 
sive bail  or 
fines 


Trial  by 
jury 


Further 
rights  of 
accused 


Freedom 
of  speech 


Public 
meetings 


Operation 
of  laws 

No  stand- 
ing army 


Rights  of 
accused  in 
criminal 
prosecu- 
tions 


Private 

property 

cannot  be 

confiscated 


presumption  great.  Excessive  bail  shall  not  be  required,  nor 
excessive  fines  imposed,  nor  shall  cruel  or  unusual  punishments 
be  inflicted.  Witnesses  shall  not  be  unreasonably  detained,  nor 
be  confined  in  any  room  where  criminals  are  actually  imprisoned. 

Sec.  7.  The  right  of  trial  by  jury  shall  be  secured  to  all,  and 
remain  inviolate;  but  a  jury  in  civil  cases,  in  courts  not  of  record, 
may  consist  of  less  than  twelve  men,  as  may  be  prescribed  by  law. 

Sec.  8.  Until  otherwise  provided  by  law,  no  person  shall,  for 
a  felony,  be  proceeded  against  criminally,  otherwise  than  by 
indictment,  except  in  cases  arising  in  the  land  or  naval  forces,  or 
in  the  militia  when  in  actual  service  in  time  of  war  or  public 
danger.  In  all  other  cases  offenses  shall  be  prosecuted  criminally 
by  indictment  or  information.  The  legislative  assembly  may 
change,  regulate  or  abolish  the  grand  jury  system. 

Sec.  9.  Every  man  may  freely  write,  speak  and  publish  his 
opinions  on  all  subjects,  being  responsible  for  the  abuse  of  that 
privilege.  In  all  civil  and  criminal  trials  for  libel  the  truth  may 
be  given  in  evidence,  and  shall  be  a  sufficient  defense  when  the 
matter  is  published  with  good  motives  and  for  justifiable  ends; 
and  the  jury  shall  have  the  same  power  of  giving  a  general  ver- 
dict as  in  other  cases;  and  in  all  indictments  or  informations  for 
libels  the  jury  shall  have  the  right  to  determine  the  law  and  the 
facts  under  the  direction  of  the  court,  as  in  other  cases.  ' 

Sec.  10.  The  citizens  have  a  right,  in  a  peaceable  manner,  to 
assemble  together  for  the  common  good,  and  to  apply  to  those 
invested  with  the  powers  of  government  for  the  redress  of  griev- 
ances, or  for  other  proper  purposes,  by  petition,  address  or  remon- 
strance. 

Sec.  11.  All  laws  of  a  general  nature  shall  have  a  uniform 
operation. 

Sec.  12.  The  military  shall  be  subordinate  to  the  civil  power. 
No  standing  army  shall  be  maintained  by  this  State  in  time  of 
peace,  and  no  soldiers  shall,  in  time  of  peace,  be  quartered  in 
any  house  without  the  consent  of  the  owner;  nor  in  time  of 
war,  except  in  the  manner  prescribed  by  law. 

Sec.  13.  In  criminal  prosecutions  in  any  court  whatever, 
the  party  accused  shall  have  the  right  to  a  speedy  and  public 
trial;  to  have  the  process  of  the  court  to  compel  the  attendance 
of  witnesses  in  his  behalf;  and  to  appear  and  defend  in  person 
and  with  counsel.  No  person  shall  be  twice  put  in  jeopardy  for 
the  same  offense,  nor  be  compelled  in  any  criminal  case  to  be 
a  witness  against  himself,  nor  be  deprived  of  life,  liberty  or  prop- 
erty without  due  process  of  law. 

Sec.  14.  Private  property  shall  not  be  taken  or  damaged  for 
public  use  without  just  compensation  having  been  first  made  to, 
or  paid  into  court  for  the  owner  and  no  right  of  way  shall  be 


CONSTITUTION  OF  NORTH  DAKOTA        xxxvii 


appropriated  to  the  use  of  any  corporation,  other  than  municipal, 
until  full  compensation  therefor  be  first  made  in  money  or  ascer- 
tained and  paid  into  court  for  the  owner,  irrespective  of  any 
benefit  from  any  improvement  proposed  by  such  corporation, 
which  compensation  shall  be  ascertained  by  a  jury,  unless  a 
jury  be  waived. 

Sec.  15.  No  person  shall  be  imprisoned  for  debt  unless  upon 
refusal  to  deliver  up  his  estate  for  the  benefit  of  his  creditors, 
in  such  manner  as  shall  be  prescribed  by  law;  or  in  case  of  tort; 
or  where  there  is  strong  presumption  of  fraud. 

Sec.  16.  No  bill  of  attainder,  ex  post  facto  law,  or  law  impair- 
ing the  obligations  of  contracts  shall  ever  be  passed. 

Sec.  17.  Neither  slavery  nor  involuntary  servitude,  unless  for 
the  punishment  of  crime,  shall  ever  be  tolerated  in  this  State. 

Sec.  18.  The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  papers  and  effects,  against  unreasonable  searches  and 
seizures,  shall  not  be  violated,  and  no  warrant  shall  issue  but 
upon  probable  cause,  supported  by  oath  or  affirmation,  partic- 
ularly describing  the  place  to  be  searched  and  the  persons  and 
things  to  be  seized. 

Sec.  19.  Treason  against  the  State  shall  consist  only  in  levy- 
ing war  against  it,  adhering  to  its  enemies  or  giving  them  aid 
and  comfort.  No  person  shall  be  convicted  of  treason  unless 
on  the  evidence  of  two  witnesses  to  the  same  overt  act,  or  con- 
fession in  open  court. 

Sec.  20.  No  special  privileges  or  immunities  shall  ever  be 
granted  which  may  not  be  altered,  revoked  or  repealed  by  the 
legislative  assembly;  nor  shall  any  citizen  or  class  of  citizens 
be  granted  privileges  or  immunities  which  upon  the  same  terms 
shall  not  be  granted  to  all  citizens. 

Sec.  21.  The  provisions  of  this  Constitution  are  mandatory 
and  prohibitory  unless,  by  express  words,  they  are  declared  to 
be  otherwise. 

Sec.  22.  All  courts  shall  be  open  and  every  man  for  any 
injury  done  him  in  his  lands,  goods,  person  or  reputation  shall 
have  remedy  by  due  process  of  law,  and  right  and  justice  admin- 
istered without  sale,  denial  or  delay.  Suits  may  be  brought 
against  the  State  in  such  manner,  in  such  courts  and  in  such 
cases  as  the  legislative  assembly  may,  by  law,  direct. 

Sec.  23.  Every  citizen  of  this  State  shall  be  free  to  obtain 
employment  wherever  possible,  and  any  person,  corporation,  or 
agent  thereof,  maliciously  interfering  or  hindering  in  any  way, 
any  citizen  from  obtaining  or  enjoying  employment  already 
obtained,  from  any  other  corporation  or  person,  shall  be  deemed 
guilty  of  a  misdemeanor. 

Sec.  24.     To  guard  against  transgressions  of  the  high  powers 


No  im- 
prison- 
ment for 
debt 


Ex  post 
facto  laws 
forbidden 
Slavery 
forbidden 

Rights 
against 
searches 


Treason 
defined 


Granting 
of  special 
privileges 


Constitu- 
tion in 
force 


Justice 
adminis- 
tered 


Freedom 
of  em- 
ployment 


xxxviii  APPENDIX  D 

which  we  have  delegated,  we  declare  that  everything  in  this 
article  is  excepted  out  of  the  general  powers  of  government  and 
shall  forever  remain  inviolate. 


Two   legis- 
lative 
bodies 
Number  of 
senators 

Term  of 
office 

Qualifica- 
tions of 
senator 


Apportion- 
ment of 
senators 


One  half  of 

senators 

elected 

biennially 


President 
of  senate 


Number  of 
members 
in  house  of 
represent- 
atives 
Term  of 
office 


ARTICLE  II — Legislative  Department 

Sec.  25.  The  legislative  power  shall  be  vested  in  a  senate 
and  house  of  representatives. 

Sec.  26.  The  senate  shall  be  composed  of  not  less  than  thirty 
nor  more  than  fifty  members. 

Sec.  27.  Senators  shall  be  elected  for  the  term  of  four  years, 
except  as  hereinafter  provided. 

Sec.  28.  No  person  shall  be  a  senator  who  is  not  a  qualified 
elector  in  the  district  in  which  he  may  be  chosen,  and  who  shall 
not  have  attained  the  age  of  twenty-five  years,  and  have  been  a 
resident  of  the  state  or  territory  for  two  years  next  preceding 
his  election. 

Sec.  29.  The  legislative  assembly  shall  fix  the  number  of  sena- 
tors, and  divide  the  state  into  as  many  senatorial  districts  as  there 
are  senators,  which  districts,  as  nearly  as  may  be,  shall  be  equal  to 
each  other  in  the  number  of  inhabitants  entitled  to  representa- 
tion. Each  district  shall  be  entitled  to  one  senator  and  no  more, 
and  shall  be  composed  of  compact  and  contiguous  territory; 
and  no  portion  of  any  county  shall  be  attached  to  any  other 
county,  or  part  thereof,  so  as  to  form  a  district.  The  districts 
as  thus  ascertained  and  determined  shall  continue  until  changed 
by  law. 

Sec.  30.  The  senatorial  districts  shall  be  numbered  consecu- 
tively from  one  upwards,  according  to  the  number  of  districts 
prescribed,  and  the  senators  shall  be  divided  into  two  classes. 
Those  elected  in  the  districts  designated  by  even  numbers  shall 
constitute  one  class,  and  those  elected  in  districts  designated  by 
odd  numbers  shall  constitute  the  other  class.  The  senators  in 
one  class  elected  in  the  year  1890  shall  hold  their  office  for  two 
years,  those  of  the  other  class  shall  hold  their  office  four  years, 
and  the  determination  of  the  two  classes  shall  be  by  lot,  so  that 
one  half  of  the  senators,  as  nearly  as  practicable,  may  be  elected 
biennially. 

Sec.  31.  The  senate  at  the  beginning  and  close  of  each  regu- 
lar session,  and  at  each  other  times  as  may  be  necessary,  shall 
elect  one  of  its  members  president  pro  tempore,  who  may  take 
the  place  of  the  lieutenant  governor  under  rules  prescribed  by  law. 

Sec.  32.  The  house  of  representatives  shall  be  composed  of  not 
less  than  sixty  nor  more  than  one  hundred  and  forty  members. 

Sec.  33.  Representatives  shall  be  elected  for  the  term  of  two 
years. 


CONSTITUTION  OF  NORTH  DAKOTA 


Sec.  34.  No  person  shall  be  a  representative  who  is  not  a 
qualified  elector  in  the  district  from  which  he  may  be  chosen,  and 
who  shall  not  have  attained  the  age  of  twenty-one  years,  and  have 
been  a  resident  of  the  state  or  territory  for  two  years  next  pre- 
ceding his  election. 

Sec.  35.  The  members  of  the  house  of  representatives  shall 
be  apportioned  to  and  elected  at  large  from  each  senatorial  dis- 
trict. The  legislative  assembly  shall,  in  the  year  1895,  and  every 
tenth  year,  cause  an  enumeration  to  be  made  of  all  the  inhabit- 
ants of  this  state,  and  shall  at  its  first  regular  session  after  each 
such  enumeration,  and  also  after  each  federal  census,  proceed  to 
fix  by  law  the  number  of  senators  which  shall  constitute  the  sen- 
ate of  North  Dakota,  and  the  number  of  representatives  which 
shall  constitute  the  house  of  representatives  of  North  Dakota, 
within  the  limits  prescribed  by  this  constitution,  and  at  the  same 
session  shall  proceed  to  reapportion  the  state  into  senatorial  dis- 
tricts, as  prescribed  by  this  constitution,  and  to  fix  the  number  of 
members  of  the  house  of  representatives  to  be  elected  from  the 
several  senatorial  districts;  provided,  that  the  legislative  as- 
sembly may,  at  any  regular  session,  redistrict  the  state  into  sena- 
torial districts  and  apportion  the  senators  and  representatives 
respectively. 

Sec.  36.  The  house  of  representatives  shall  elect  one  of  its 
members  as  speaker. 

Sec.  37.  No  judge  or  clerk  of  any  court,  secretary  of  state, 
attorney  general,  register  of  deeds,  sheriff  or  person  holding  any 
office  of  profit  under  this  state,  except  in  the  militia,  or  the  office 
of  attorney  at  law,  notary  public  or  justice  of  the  peace,  and  no 
person  holding  any  office  of  profit  or  honor  under  any  foreign 
government,  or  under  the  government  of  the  United  States, 
except  postmasters  whose  annual  compensation  does  not  exceed 
the  sum  of  $300,  shall  hold  any  office  in  either  branch  of  the  legis- 
lative assembly  or  become  a  member  thereof. 

Sec.  38.  No  member  of  the  legislative  assembly  expelled  for 
corruption,  and  no  person  convicted  of  bribery,  perjury  or  other 
infamous  crime,  shall  be  eligible  to  the  legislative  assembly,  or 
to  any  office  in  either  branch  thereof. 

Sec.  39.  No  member  of  the  legislative  assembly  shall,  during 
the  term  for  which  he  was  elected,  be  appointed  or  elected  to 
any  civil  office  in  this  state,  which  shall  have  been  created,  or 
the  emoluments  of  which  shall  have  been  increased,  during  the 
term  for  which  he  was  elected ;  nor  shall  any  member  receive  any 
civil  appointment  from  the  governor,  or  governor  and  senate,  dur- 
ing the  term  for  which  he  shall  have  been  elected. 

Sec.  40.  If  any  person  elected  to  either  house  of  the  legisla- 
tive assembly  shall  offer  or  promise  to  give  his  vote  or  influence 


Qualifi- 
cations of 
members 


Appor- 
tionment 
of  repre- 
sentatives 


Census   re- 
quired 


Election  of 
speaker 

Public  offi- 
cials not 
eligible 


Restric- 
tion of 
eligibility 


Increase  of 
salaries 
and  pro- 
motions 


Bribery 


xl 


APPENDIX  D 


Repre- 
sentatives 
expelled 
for  bribery 


When  term 
begins 


Privileged 
from  arrest 


Restric- 
tion on 
voting  in 
house 


Vacancies 
filled 


Compensa- 
tion of 
members 


Quorum 


in  favor  of,  or  against,  any  measure  or  proposition  pending  or 
proposed  to  be  introduced  into  the  legislative  assembly,  in  con- 
sideration, or  upon  conditions,  that  any  other  person  elected  to 
the  same  legislative  assembly  will  give,  or  will  promise  or  assent 
to  give,  his  vote  or  influence  in  favor  of  or  against  any  other 
measure  or  proposition  pending  or  proposed  to  be  introduced  into 
such  legislative  assembly,  the  person  making  such  offer  or  prom- 
ise shall  be  deemed  guilty  of  solicitation  of  bribery.  If  any 
member  of  the  legislative  assembly  shall  give  his  vote  or  influence 
for  or  against  any  measure  or  proposition,  pending  or  proposed  to 
be  introduced  into  such  legislative  assembly,  or  offer,  promise 
or  assent  to  do  upon  condition  that  any  other  member  will  give, 
promise  or  assent  to  give  his  vote  or  influence  in  fa'vor  of  or 
against  any  other  such  measure  or  proposition  pending  or  pro- 
posed to  be  introduced  into  such  legislative  assembly,  or  in 
consideration  that  any  other  member  hath  given  his  vote  or 
influence  for  or  against  any  other  measure  or  proposition  in  such 
legislative  assembly,  he  shall  be  deemed  guilty  of  bribery.  And 
any  person,  member  of  the  legislative  assembly  or  person  elected 
thereto,  who  shall  be  guilty  of  either  such  offenses,  shall  be 
expelled,  and  shall  not  thereafter  be  eligible  to  the  legislative 
assembly,  and  on  the  conviction  thereof,  in  the  civil  courts, 
shall  be  liable  to  such  further  penalty  as  may  be  prescribed  by  law. 

Sec.  41.  The  term  of  service  of  the  members  of  the  legis- 
lative assembly  shall  begin  on  the  first  Tuesday  in  January, 
next  after  their  election. 

Sec.  42.  The  members  of  the  legislative  assembly  shall  in 
all  cases  except  treason,  felony  and  breach  of  the  peace,  be  priv- 
ileged from  arrest  during  their  attendance'  at  the  sessions  of 
their  respective  houses,  and  in  going  to  or  returning  from  the 
same.  For  words  used  in  any  speech  or  debate  in  either  house, 
they  shall  not  be  questioned  in  any  other  place. 

Sec.  43.  Any  member  who  has  a  personal  or  private  interest 
in  any  measure  or  bill  proposed  or  pending  before  the  legisla- 
tive assembly,  shall  disclose  the  fact  to  the  house  of  which  he 
is  a  member,  and  shall  not  vote  thereon  without  the  consent  of 
the  house. 

Sec.  44.  The  governor  shall  issue  writs  of  election  to  fill 
such  vacancies  as  may  occur  in  either  house  of  the  legislative 
assembly. 

Sec.  45.  Each  member  of  the  legislative  assembly  shall  receive 
as  a  compensation  for  his  services  for  each  session,  five  dollars 
per  day,  and  ten  cents  for  every  mile  of  necessary  travel  in 
going  to  and  returning  from  the  place  of  the  meeting  of  the  legis- 
lative assembly  on  the  most  usual  route. 

Sec.  46.     A  majority  of  the  members  of  each  house  shall 


CONSTITUTION  OF  NORTH  DAKOTA 


xli 


constitute  a  quorum,  but  a  smaller  number  may  adjourn  from 
day  to  day,  and  may  compel  the  attendance  of  absent  members 
in  such  a  manner  and  under  such  a  penalty  as  may  be  prescribed 
by  law. 

Sec.  47.  Each  house  shall  be  the  judge  of  the  election  returns 
and  the  qualifications  of  its  own  members. 

Sec.  48.  Each  house  shall  have  the  power  to  determine  the 
rules  of  proceeding,  and  punish  its  members  or  other  persons 
for  contempt  or  disorderly  behavior  in  its  presence;  to  protect 
its  members  against  violence  or  offers  of  bribes  or  private  solici- 
tation, and  with  the  concurrence  of  two  thirds,  to  expel  a  member; 
and  shall  have  all  other  powers  necessary  and  usual  in  the  legis- 
lative assembly  of  a  free  state.  But  no  imprisonment  by  either 
house  shall  continue  beyond  thirty  days.  Punishment  for  con- 
tempt or  disorderly  behavior  shall  not  bar  a  criminal  prosecution 
for  the  same  offense. 

Sec.  49.  Each  house  shall  keep  a  journal  of  its  proceedings, 
and  the  yeas  and  nays  on  any  question  shall  be  taken  and  entered 
on  the  journal  at  the  request  of  one- sixth  of  those  present. 

Sec.  50.  The  sessions  of  each  house  and  of  the  committee 
of  the  whole  shall  be  open  unless  the  business  is  such  as  ought 
to  be  kept  secret. 

Sec.  51.  Neither  house  shall,  without  the  consent  of  the  other, 
adjourn  for  more  than  three  days  nor  to  any  other  place  than 
that  in  which  the  two  houses  shall  be  sitting,  except  in  case  of 
epidemic,  pestilence  or  other  great  danger. 

Sec.  52.  The  senate  and  house  of  representatives  jointly  shall 
be  designated  as  the  legislative  assembly  of  the  State  of  North 
Dakota. 

Sec.  53.  The  legislative  assembly  shall  meet  at  the  seat  of 
government  at  12  o'clock  noon  on  the  first  Tuesday  after  the 
first  Monday  in  January,  in  the  year  next  following  the  election 
of  the  members  thereof. 

Sec.  54.  In  all  elections  to  be  made  by  the  legislative  assembly 
or  either  house  thereof,  the  members  shall  vote  viva  voce,  and 
their  votes  shall  be  entered  in  the  journal. 

Sec.  55.  The  sessions  of  the  legislative  assembly  shall  be 
biennial,  except  as  otherwise  provided  in  this  Constitution. 

Sec.  56.  No  regular  session  of  the  legislative  assembly  shall 
exceed  sixty  days,  except  in  case  of  impeachment,  but  the  first 
session  of  the  legislative  assembly  may  continue  for  a  period 
of  one  hundred  and  twenty  days. 

Sec.  57.  Any  bill  may  originate  in  either  house  of  the  legis- 
lative assembly,  and  a  bill  passed  by  one  house  may  be  amended 
by  the  other. 

Sec.  58.     No  law  shall  be  passed,  except  by  a  bill  adopted  by 


Election 
returns 


Rules  of 
the  house 


Journal  of 
proceed- 
ings 

Sessions 
public 


Adjourn- 
ment 


Legisla- 
tive as- 
sembly 

First 

meeting  of 
assembly 


Viva  voce 
vote 


Biennial 


Duration 
of  session 


Origin  and 
amend- 
ment of 
bills 


xlii 


APPENDIX  D 


Bill  must 

pass  both 

houses 


Enacting 
clause 


Restriction 

on  revenue 

bills 


Nature  of 
bill 


Nature  of 

revenue 

bills 


Readings 
of  bill 


Amend- 
ments 


Majority 
vote  nec- 
essary 


Presiding 

officer 

signs  bills 


New  law 

effective 

July  1 


both  houses,  and  no  bill  shall  be  altered  and  amended  on  its 
passage  through  either  house  as  to  change  its  original  pur- 
pose. 

Sec.  59.  The  enacting  clause  of  every  law  shall  be  as  follows: 
"  Be  it  enacted  by  the  Legislative  Assembly  of  the  State  of  North 
Dakota." 

Sec.  60.  No  bill  for  the  appropriation  of  money,  except  for 
the  expenses  of  the  government,  shall  be  introduced  after  the 
fortieth  day  of  the  session,  except  by  unanimous  consent  of  the 
house  in  which  it  is  sought  to  be  introduced. 

Sec.  61.  No  bill  shall  embrace  more  than  one  subject,  which 
shall  be  expressed  in  its  title,  but  a  bill  which  violates  this  pro- 
vision shall  be  invalidated  thereby  only  as  to  so  much  thereof 
as  shall  not  be  so  expressed. 

Sec.  62.  The  general  appropriation  bill  shall  embrace  nothing 
but  appropriations  for  the  expenses  of  the  executive,  legislative 
and  judicial  departments  of  the  State,  interest  on  the  public 
debt  and  for  public  schools.  All  other  appropriations  shall  be 
made  by  separate  bills,  each  embracing  but  one  subject. 

Sec.  63.  Every  bill  shall  be  read  three  several  times,  but 
the  first  and  second  readings,  and  those  only,  may  be  upon  the 
same  day;  and  the  second  reading  may  be  by  title  of  the  bill 
unless  a  reading  at  length  be  demanded.  The  first  and  third 
readings  shall  be  at  length.  No  legislative  day  shall  be  shorter 
than  the  natural  day. 

Sec.  64.  No  bill  shall  be  revised  or  amended,  nor  the  pro- 
visions thereof  extended  or  incorporated  in  any  other  bill  by 
reference  to  its  title  only,  but  so  much  thereof  as  is  revised, 
amended  or  extended  or  so  incorporated  shall  be  re-enacted 
and  published  at  length. 

Sec.  65.  No  bill  shall  become  a  law  except  by  a  vote  of  a 
majority  of  all  the  members-elect  in  each  house,  nor  unless,  on 
its  final  passage,  the  vote  be  taken  by  yeas  and  nays,  and  the 
names  of  those  voting  be  entered  on  the  journal.  • 

Sec.  66.  The  presiding  officer  of  each  house  shall,  in  the 
presence  of  the  house  over  which  he  presides,  sign  all  bills  and 
joint  resolutions  passed  by  the  legislative  assembly;  immediately 
before  such  signing  their  title  shall  be  publicly  read  and  the  fact 
of  signing  shall  be  at  once  entered  on  the  journal. 

Sec.  67.  No  act  of  the  legislative  assembly  shall  take  effect 
until  July  1,  after  the  close  of  the  session,  unless  in  case  of  emer- 
gency (which  shall  be  expressed  in  the  preamble  or  body  of  the 
act)  the  legislative  assembly  shall,  by  a  vote  of  two  thirds  of 
all  the  members  present  in  each  house,  otherwise  direct. 

Sec.  68.  The  legislative  assembly  shall  pass  all  laws  necessary 
to  carry  into  effect  the  provisions  of  this  Constitution. 


CONSTITUTION  OF  NORTH  DAKOTA  xliii 

Sec.  69.     The  legislative  assembly  shall  not  pass  local  or  special    s^cjal 
laws  in  any  of  the  following  enumerated  cases,  that  is  to  say:    i^W8  °c 

1.  For  granting  divorces.  which  leg- 

2.  Laying  out,  opening,  altering  or  working  roads  or  highways,    Assembly 
vacating  roads,  town  plats,  streets,  alleys  or  public  grounds.        cannot 

3.  Locating  or  changing  county  seats. 

4.  Regulating  county  or  township  affairs. 

5.  Regulating  the  practice  of  courts  of  justice. 

6.  Regulating  the  jurisdiction  and  duties  of  justices  of  the 
peace,  police  magistrates  or  constables. 

7.  Changing  the  rules  of  evidence  in  any  trial  or  inquiry. 

8.  Providing  for  change  of  venue  in  civil  or  criminal  cases. 

9.  Declaring  any  person  of  age. 

10.  For  limitation  of  civil  actions,  or  giving  effect  to  informal 
or  invalid  deeds. 

11.  Summoning  or  impaneling  grand  or  petit  juries. 

12.  Providing  for  the  management  of  common  schools. 

13.  Regulating  the  rate  of  interest  on  money. 

14.  The  opening  or  conducting  of  any  election  or  designating 
the  place  of  voting. 

15.  The  sale  or  mortgage  of  real  estate  belonging  to  minors 
or  others  under  disability. 

16.  Chartering  or  licensing  ferries,  toll  bridges  or  toll  roads. 

17.  Remitting  fines,  penalties  or  forfeitures. 

18.  Creating,  increasing  or  decreasing  fees,  percentages  or 
allowances  of  public  officers. 

19.  Changing  the  law  of  descent. 

20.  Granting  to  any  corporation,  association  or  individual  the 
right  to  lay  down  railroads  tracks  or  any  special  or  exclusive 
privilege,  immunity  or  franchise  whatever. 

21.  For  the  punishment  of  crimes. 

22.  Changing  the  names  of  persons  or  places. 

23.  For  the  assessment  or  collection  of  taxes. 

24.  Affecting  estates  of  deceased  persons,  minors  or  others 
under  legal  disabilities. 

25.  Extending  the  time  for  the  collection  of  taxes. 

26.  Refunding  money  into  the  state  treasury. 

27.  Relinquishing  or  extinguishing  in  whole  or  in  part  the 
indebtedness,  liability  or  obligation  of  any  corporation  or  person 
to  this  State  or  to  any  municipal  corporation  therein. 

28.  Legalizing  except  as  against  the  State,  the  unauthorized 
or  invalid  act  of  any  officer. 

29.  Exempting  property  from  taxation. 

30.  Restoring  to  citizenship  persons  convicted  of  infamous 
crimes. 

31.  Authorizing  the  creation,  extension  or  impairing  of  liens. 


xliv 


APPENDIX  D 


Repeal  of 
special  acts 
Laws  must 
be  general 


32.  Creating  offices,  or  prescribing  the  powers  or  duties  of 
officers  in  counties,  cities,  township,  election  or  school  districts^ 
or  authorizing  the  adoption  or  legitimation  of  children. 

33.  Incorporation  of  cities,  towns  or  villages,  or  changing 
or  amending  the  charter  of  any  town,  city  or  village. 

34.  Providing  for  the  election  of  members  of  the  board  of 
supervisors  in  townships,  incorporated  towns  or  cities. 

35.  The  protection  of  game  or  fish. 

Sec.  70.  In  all  other  cases  where  a  general  law  can  be  made 
applicable,  no  special  law  shall  be  enacted;  nor  shall  the  legis- 
lative assembly  indirectly  enact  such  special  or  local  law  by  the 
partial  repeal  of  a  general  law,  but  laws  repealing  local  or  special 
acts  may  be  passed. 


Governor's 
term  two 

years 


Lieutenant 

governor: 

term  of 

office 


Eligibility 
and    quali- 
fications 
for  gov- 
ernor and 
lieutenant 
governor 


Elected 
by  the 
people 


If    vote    is 
tie,  assem- 
bly elects 


ARTICLE  III — Executive  Department 

Sec.  71.  The  executive  power  shall  be  vested  in  a  governor, 
who  shall  reside  at  the  seat  of  government  and  shall  hold  his 
office  for  the  term  of  two  years  and  until  his  successor  is  elected 
and  duly  qualified. 

Sec.  72.  A  lieutenant  governor  shall  be  elected  at  the  same 
time  and  for  the  same  term  as  the  governor.  In  case  of  the  death 
impeachment,  resignation,  failure  to  qualify,  absence  from  the 
State,  removal  from  office,  or  the  disability  of  the  governor,  the 
powers  and  duties  of  the  office,  for  the  residue  of  the  term,  or 
until  he  shall  be  acquitted  or  the  disability  removed,  shall  de- 
volve upon  the  lieutenant  governor. 

Sec.  73.  No  person  shall  be  eligible  to  the  office  of  governor 
or  lieutenant  governor  unless  he  be  a  citizen  of  the  United  States, 
and  a  qualified  elector  of  the  State,  who  shall  have  attained  the 
age  of  thirty  years,  and  who  shall  have  resided  five  years  next 
preceding  the  election  within  the  State  or  territory,  nor  shall  he 
be  eligible  to  any  other  office  during  the  term  for  which  he  shall 
have  been  elected. 

Sec.  74.  The  governor  and  lieutenant  governor  shall  be 
elected  by  the  qualified  electors  of  the  State  at  the  time  and 
places  of  choosing  members  of  the  legislative  assembly.  The 
persons  having  the  highest  number  of  votes  for  governor  and 
lieutenant  governor  respectively  shall  be  declared  elected,  but  if 
two  or  more  shall  have  an  equal  and  highest  number  of  votes  for 
governor  or  lieutenant  governor,  the  two  houses  of  the  legisla- 
tive assembly  at  its  next  regular  session  shall  forthwith,  by  joint 
ballot,  choose  one  of  such  persons  for  said  office.  The  returns  of 
the  election  for  governor  and  lieutenant  governor  shall  be  made 
in  such  manner  as  shall  be  prescribed  by  law. 

Sec.  75.     The  governor  shall  be  commander-in-chief  of  the 


CONSTITUTION  OF  NORTH  DAKOTA 


xlv 


military  and  naval  forces  of  the  State,  except  when  they  shall  be 
.called  into  the  service  of  the  United  States,  and  may  call  out  the 
same  to  execute  the  laws,  suppress  insurrection  and  repel  inva- 
sion. He  shall  have  power  to  convene  the  legislative  assembly 
on  extraordinary  occasions.  He  shall  at  the  commencement  of 
each  session  communicate  to  the  legislative  assembly  by  message, 
information  of  the  condition  of  the  State,  and  recommend  such 
measures  as  he  shall  deem  expedient.  He  shall  transact  all  neces- 
sary business  with  the  officers  of  the  government,  civil  and  mili- 
tary. He  shall  expedite  all  such  measures  as  may  be  resolved 
upon  by  the  legislative  assembly  and  shall  take  care  that  the 
laws  be  faithfully  executed. 

Sec.  76.  The  governor  shall  have  power  to  remit  fines  and 
forfeitures,  to  grant  reprieve,  commutations  and  pardons  after 
conviction,  for  all  offenses  except  treason  and  cases  of  impeach- 
ment; but  the  legislative  assembly  may  by  law  regulate  the  man- 
ner in  which  the  remission  of  fines,  pardons,  commutations  and 
reprieves  may  be  applied  for.  Upon  conviction  for  treason  he 
shall  have  power  to  suspend  the  execution  of  sentence  until  the 
case  shall  be  reported  to  the  legislative  assembly  at  its  next  reg- 
ular session,  when  the  legislative  assembly  shall  either  pardon  or 
commute  the  sentence,  direct  the  execution  of  the  sentence  or 
grant  further  reprieve.  He  shall  communicate  to  the  legislative 
assembly  at  each  regular  session  each  case  of  remission  of  fine, 
reprieve,  commutation  or  pardon  granted  by  him,  stating  the 
name  of  the  convict,  the  crime  for  which  he  is  convicted,  the 
sentence  and  its  date,  and  the  date  of  the  remission,  commuta- 
tion, pardon  or  reprieve,  with  his  reasons  for  granting  the  same. 

Note. — This  section  amended  by  Article  3,  Amendments  to  the  Con- 
stitution. 

Sec.  77.  The  lieutenant  governor  shall  be  president  of  the 
senate,  but  shall  have  no  vote  unless  they  be  equally  divided. 
If,  during  a  vacancy  in  the  office  of  governor,  the  lieutenant 
governor  shall  be  impeached,  displaced,  resign  or  die,  or  from 
mental  or  physical  disease,  or  otherwise  become  incapable  of  per- 
forming the  duties  of  his  office,  the  secretary  of  State  shall  act  as 
governor  until  the  vacancy  shall  be  filled  or  the  disability  removed. 

Sec.  78.  When  any  office  shall  from  any  cause  become  va- 
cant, and  no  mode  is  provided  by  the  constitution  or  law  for 
filling  such  vacancy,  the  governor  shall  have  power  to  fill  such 
vacancy  by  appointment. 

Sec.  79.  Every  bill  which  shall  have  passed  the  legislative 
assembly  shall,  before  it  becomes  a  law,  be  presented  to  the  gov- 
ernor. If  he  approves,  he  shall  sign,  but  if  not,  he  shall  return 
with  his  objections,  to  the  house  in  which  it  originated,  which 
shall  enter  the  objections  at  large  upon  the  journal,  and  proceed 


Powers  of 
governor 
Head   of 
militia 


Message  of 
governor 


Pardoning 
power 


Powers  of 
lieutenant 
governor: 
president 
of  senate 


Vacancies 
filled 


Veto 
power  of 
governor 


xlvi 


APPENDIX  D 


No  pocket 
veto 


Portions  of 

act  may  be 

vetoed 


Governor 
may  not 
bribe,  nor 
use  unduly 
his    official 
influence 
over  legis- 
lation 


to  reconsider  it.  If,  after  such  reconsideration,  two  thirds  of  the 
members-elect  shall  agree  to  pass  the  bill,  it  shall  be  sent,  to- 
gether with  the  objections,  to  the  other  house,  by  which  it  shall 
likewise  be  reconsidered,  and  if  it  be  approved  by  two  thirds  of 
the  members-elect,  it  shall  become  a  law;  but  in  all  such  cases 
the  vote  of  both  houses  shall  be  determined  by  the  yeas  and  nays, 
and  the  names  of  the  members  voting  for  and  against  the  bill 
shall  be  entered  upon  the  journal  of  each  house  respectively.  If 
any  bill  shall  not  be  returned  by  the  governor  writhin  three  days 
(Sundays  excepted)  after  it  shall  have  been  presented  to  him, 
the  same  shall  be  a  law  unless  the  legislative  assembly,  by  its 
adjournment,  prevent  its  return,  in  which  case  it  shall  be  a  law 
unless  he  shall  file  the  same  with  his  objections  in  the  office  of 
the  secretary  of  state  within  fifteen  days  after  such  adj  ournment. 

Sec.  80.  The  governor  shall  have  power  to  disapprove  of  any 
item  or  items  or  part  or  parts  of  any  bill  making  appropriations 
of  money  or  property,  embracing  distinct  items,  and  the  part  or 
parts  of  the  bill  approved  shall  be  the  law,  and  the  item  or  items 
and  part  or  parts  disapproved  shall  be  void,  unless  enacted  in 
the  following  manner:  If  the  legislative  assembly  be  in  session  he 
shall  transmit  to  the  house  in  which  the  bill  originated  a  copy  of 
the  item  or  items,  or  part  or  parts  thereof  disapproved,  together 
with  his  objections  thereto,  and  the  items  or  parts  objected  to 
shall  be  reconsidered,  and  each  item  or  part  shall  then  take  the 
same  course  as  is  prescribed  for  the  passage  of  bills  over  the  execu- 
tive veto. 

Sec.  81.  Any  governor  of  this  State  who  asks,  receives  or 
agrees  to  receive,  any  bribe  upon  any  understanding  that  his 
official  opinion,  judgment  or  action  shall  be  influenced  thereby, 
or  who  gives  or  offers,  or  promises  his  official  influence  in  consid- 
eration that  any  member  of  the  legislative  assembly  shall  give 
his  official  vote  or  influence  on  any  particular  side  of  any  ques- 
tion or  matter  upon  which  he  may  be  required  to  act  in  his  offi- 
cial capacity,  or  who  menaces  any  member  by  the  threatened 
use  of  his  veto  power,  or  who  offers  or  promises  any  member  that 
he,  the  said  governor,  will  appoint  any  particular  person  or  per- 
sons to  any  office  created  or  thereafter  to  be  created,  in  considera- 
tion that  any  member  shall  give  his  official  vote  or  influence  on 
any  matter  pending  or  thereafter  to  be  introduced  into  either 
house  of  said  legislative  assembly,  or  who  threatens  any  member 
that  he,  the  said  governor,  will  remove  any  person  or  persons 
from  office  or  position,  with  intent  in  any  manner  to  influence 
the  action  of  said  member,  shall  be  punished  in  the  manner  now, 
or  that  may  hereafter  be  provided  by  law,  and  upon  conviction 
thereof  shall  forfeit  all  right  to  hold  or  exercise  any  office  of  trust 
or  honor  in  this  State. 


CONSTITUTION  OF  NORTH  DAKOTA 


xlvii 


Sec.  82.  There  shall  be  chosen  by  the  qualified  electors  of 
the  State,  at  the  times  and  places  of  choosing  members  of  the 
legislative  assembly,  a  secretary  of  State,  auditor,  treasurer, 
superintendent  of  public  instruction,  commissioner  of  insurance, 
three  commissioners  of  railroads,  an  attorney  general  and  one 
commissioner  of  agriculture  and  labor,  who  shall  have  attained 
the  age  of  twenty-five  years,  shall  be  citizens  of  the  United  States, 
and  shall  have  the  qualifications  of  State  electors.  They  shall 
severally  hold  their  offices  at  the  seat  of  government,  for  the 
term  of  two  years  and  until  their  successors  are  elected  and  fully 
qualified,  but  no  person  shall  be  eligible  to  the  office  of  treasurer 
for  more  than  two  consecutive  terms. 

Sec.  83.  The  powers  and  duties  of  the  secretary  of  State, 
auditor,  treasurer,  superintendent  of  public  instruction,  commis- 
sioner of  insurance,  commissioners  of  railroads,  attorney  general 
and  commissioner  of  agriculture  and  labor  shall  be  as  prescribed 
by  law. 

Sec.  84.  Until  otherwise  provided  by  law,  the  governor  shall 
receive»an  annual  salary  of  three  thousand  dollars;  the  lieutenant 
governor  shall  receive  an  annual  salary  of  one  thousand  dollars; 
the  secretary  of  State,  auditor,  treasurer,  superintendent  of  pub- 
lic instruction,  commissioner  of  insurance,  commissioners  of 
railroads,  and  attorney  general  shall  each  receive  an  annual 
salary  of  two  thousand  dollars;  the  salary  of  the  commissioner  of 
agriculture  and  labor  shall  be  as  prescribed  by  law,  but  the  sala- 
ries of  any  of  the  said  officers  shall  not  be  increased  or  diminished 
during  the  period  for  which  they  shall  have  been  elected,  and  all 
fees  and  profits  arising  from  any  of  the  said  offices  shall  be  cov- 
ered into  the  State  treasury. 


Other 
elective 
executive 
officers 


Powers 
and  duties 
of  sec.  of 
state,    etc . 


Salary  of 
governor 
and  other 
executives 


ARTICLE  IV— Judicial  Department 

Sec.  85.  The  judicial  power  of  the  State  of  North  Dakota 
shall  be  vested  in  a  supreme  court,  district  courts,  county  courts, 
justices  of  the  peace,  and  in  such  other  courts  as  may  be  created 
by  law  for  cities,  incorporated  towns  and  villages. 

Sec.  86.  The  supreme  court,  except  as  otherwise  provided 
in  this  constitution,  shall  have  appellate  jurisdiction  only,  which 
shall  be  co-extensive  with  the  State  and  shall  have  a  general 
superintending  control  over  all  inferior  courts  under  such  regula- 
tions and  limitations  as  may  be  prescribed  by  law. 

Sec.  87.  It  shall  have  power  to  issue  writs  of  habeas  corpus, 
mandamus,  quo  warranto,  certiorari,  injunction  and  such  other 
original  and  remedial  writs  as  may  be  necessary  to  the  proper 
exercise  of  its  jurisdiction,  and  shall  have  authority  to  hear  and 
determine  the  same;  provided,  however,  that  no  jury  trial  shall 


Judicial 
powers 


Supreme 
court 


Jurisdic- 
tion of  su- 
preme 
court 


xlviii 


APPENDIX  D 


Where  and 
when  su- 
preme 
court 
meets 


be  allowed  in  said  supreme  court,  but  in  proper  cases  questions 
of  fact  may  be  sent  by  said  court  to  a  district  court  for  trial. 

Sec.  88.  Until  otherwise  provided  by  law  three  terms  of  the 
supreme  court  shall  be  held  each  year,  one  at  the  seat  of  govern- 
ment, one  at  Fargo  in  the  county  of  Cass,  and  one  at  Grand 
Forks,  in  the  county  of  Grand  Forks. 

Note. — Under  the  provisions  of  an  act  of  the  legislature  of  1909,  two 
general  terms  of  the  supreme  court  shall  be  held  at  the  seat  of 
government,  to  be  known  as  the  April  and  October  terms,  and 
only  special  terms  will  be  held  at  cities  other  than  Bismarck  upon 
twenty  days  previous  published  notice. 

Five  judges       Sec.  89.     The  supreme  court  shall  consist  of  three  judges,  a 
°f  8UPcourt    majority  of  whom  shall  be  necessary  to  form  a  quorum  or  pro- 
nounce a  decision,  but  one  or  more  of  said  judges  may  adjourn 
the  court  from  day  to  day  or  to  a  day  certain. 

Note. — Five  judges  provided  for  by  amendment  adopted  1908. 


Judges 

elected   by 

people 


Term  of 
office 


First    elec- 
tion and 

terms 


Chief 
justice 


Minor 

court 

officers 


Sec.  90.  The  judges  of  the  supreme  court  shall  be  elected  by 
the  qualified  electors  of  the  State  at  large,  and  except  as  may  be 
otherwise  provided  herein  for  the  first  election  for  judges  under 
this  constitution,  said  judges  shall  be  elected  at  general  elec- 
tions. 

Sec.  91.  The  term  of  office  of  the  judges  of  the  supreme  court 
except  as  in  this  article  otherwise  provided,  shall  be  six  years, 
and  they  shall  hold  their  offices  until  their  successors  are  duly 
qualified. 

Sec.  92.  The  judges  of  the  supreme  court  shall,  immediately 
after  the  first  election  under  this  constitution,  be  classified  by  lot 
so  that  one  shall  hold  his  office  for  the  term  of  three  years,  one 
for  the  term  of  five  years,  and  one  for  the  term  of  seven  years 
from  the  first  Monday  in  December,  A.  D.  1889.  The  lots  shall 
be  drawn  by  the  judges,  who  shall  for  that  purpose  assemble 
at  the  seat  of  government,  and  they  shall  cause  the  result  thereof 
to  be  certified  to  the  secretary  of  the  territory  and  filed  in  his 
office,  unless  the  secretary  of  State  of  North  Dakota  shall  have 
entered  upon  the  duties  of  his  office,  in  which  event  said  certifi- 
cation shall  be  filed  therein.  The  judge  having  the  shortest  term 
to  serve,  not  holding  his  office  by  election  or  appointment  to  fill 
a  vacancy,  shall  be  chief  justice  and  shall  preside  at  all  terms  of 
the  supreme  court,  and  in  case  of  his  absence  the  judge  having 
in  like  manner  the  next  shortest  term  to  serve  shall  preside  in  his 
stead. 

Sec.  93.  There  shall  be  a  clerk  and  also  a  reporter  of  the 
supreme  court,  who  shall  be  appointed  by  the  judges  thereof, 
and  who  shall  hold  their  offices  during  the  pleasure  of  said  judge, 
and  whose  duties  and  emoluments  shall  be  prescribed  by  law 
and  by  rules  of  the  supreme  court  not  inconsistent  with  law.  The 


CONSTITUTION  OF  NORTH  DAKOTA 


xlix 


legislative  assembly  shall  make  provision  for  the  publication  and 
distribution  of  the  decisions  of  the  supreme  court  and  for  the  sale 
of  the  published  volumes  thereof. 

Sec.  94.  No  person  shall  be  eligible  to  the  office  of  judge  of 
the  supreme  court  unless  he  be  learned  in  law,  be  at  least  thirty 
years  of  age  and  a  citizen  of  the  United  States,  nor  unless  he  shall 
have  resided  in  this  State  or  the  territory  of  Dakota  three  years 
next  preceding  his  election. 

Sec.  95.  Whenever  the  population  of  the  State  of  North 
Dakota  shall  equal  600,000  the  legislative  assembly  shall  have 
the  power  to  increase  the  number  of  the  judges  of  the  supreme 
court  to  five,  in  which  event  a  majority  of  said  court,  as  thus 
increased,  shall  constitute  a  quorum. 

Note. — See  Amendments,  Article  X. 

Sec.  96.  No  duties  shall  be  imposed  by  law  upon  the  supreme 
court  or  any  of  the  judges  thereof,  except  such  as  are  judicial, 
nor  shall  any  of  the  judges  thereof  exercise  any  power  of  appoint- 
ment except  as  herein  provided. 

Sec.  97.  The  style  of  all  process  shall  be  "The  State  of  North 
Dakota."  All  prosecutions  shall  be  carried  on  in  the  name  and 
by  the  authority  of  the  State  of  North  Dakota,  and  conclude 
"against  the  peace  and  dignity  of  the  State  of  North  Dakota." 

Sec.  98.  Any  vacancy  happening  by  death,  resignation  or 
otherwise  in  the  office  of  judge  of  the  supreme  court  shall  be 
filled  by  appointment,  by  the  governor,  which  appointment  shall 
continue  until  the  first  general  election  thereafter,  when  said 
vacancy  shall  be  filled  by  election. 

Sec.  99.  The  judges  of  the  supreme  and  district  courts  shall 
receive  such  compensation  for  their  services  as  may  be  prescribed 
by  law,  which  compensation  shall  not  be  increased  or  diminished 
during  the  term  for  which  a  judge  shall  have  been  elected. 

Sec.  100.  In  case  a  judge  of  the  supreme  court  shall  be  in 
any  way  interested  in  a  cause  brought  before  said  court  the  re- 
maining judges,  of  said  court  shall  call  one  of  the  district  judges 
to  sit  with  them  in  the  hearing  of  said  cause. 

Sec.  101.  When  a  judgment  or  decree  is  reversed  or  con- 
firmed by  the  supreme  court  every  point  fairly  arising  upon  the 
record  of  the  case  shall  be  considered  and  decided,  and  the  rea- 
sons therefor  shall  be  concisely  stated  in  writing,  signed  by  the 
judges  concurring,  filed  in  the  office  of  the  clerk  of  the  supreme 
court,  and  preserved  with  a  record  of  the  case.  Any  judge 
dissenting  therefrom  may  give  the  reasons  for  his  dissent  in  writ- 
ing over  his  signature. 

Sec.  102.  It  shall  be  the  duty  of  the  court  to  prepare  a  sylla- 
bus of  the  points  adjudicated  in  each  case,  which  shall  be  con- 


Court  de- 
cisions 
published 

Eligibility 
of  judges 


Judges 
may  be  in- 
creased 


Duties 


Vacancies 


Compensa- 
tion 


Judges 

disquali- 

fied 


Decisions 
in  writing 


Adjudi- 
cated 
points 


1 


APPENDIX  D 


Jurisdic- 
tion of 
district 
courts 


Judicial 
districts 


Increase  in 
judicial 
districts 


jibility 
of  district 
judge 


Clerk 


Appeals 


curred  in  by  a  majority  of  the  judges  thereof,  and  it  shall  be  pre- 
fixed to  the  published  reports  of  the  case. 

Sec.  103.  The  district  courts  shall  have  original  jurisdiction, 
except  as  otherwise  provided  in  this  constitution,  of  all  causes 
both  at  law  and  equity,  and  such  appellate  jurisdiction  as  may  be 
conferred  by  law.  They  and  the  judges  thereof  shall  also  have 
jurisdiction  and  power  to  issue  writs  of  habeas  corpus,  quo 
warranto,  certiorari,  injunction  and  other  original  and  remedial 
writs,  with  authority  to  hear  and  determine  the  same. 

Sec.  104.  The  State  shall  be  divided  into  six  judicial  districts, 
in  each  of  which  there  shall  be  elected  at  general  elections  by  the 
electors  thereof  one  judge  of  the  district  court  therein  whose 
term  of  office  shall  be  four  years  from  the  first  Monday  in  January 
succeeding  his  election  and  until  his  successor  is  duly  qualified. 
This  section  shall  not  be  construed  as  governing  the  first  elec- 
tion of  district  judges  under  this  constitution. 

[Sec.  105.  Names  the  districts  and  the  territory  embraced 
by  each.  There  are  now  ten  districts  (1910).] 

Sec.  106.  The  legislative  assembly  may,  whenever  two  thirds 
of  the  members  of  each  house  shall  concur  therein,  but  not  oftener 
than  once  in  four  years,  increase  the  number  of  said  judicial  dis- 
tricts and  the  judges  thereof;  such  districts  shall  be  formed  from 
compact  territory  and  bounded  by  county  lines,  but  such  in- 
crease or  change  in  the  boundaries  of  the  districts  shall  not  work 
the  removal  of  any  judge  from  his  office  during  the  term  for 
which  he  may  have  been  elected  or  appointed. 

Sec.  107.  No  person  shall  be  eligible  to  the  office  of  district 
judge,  unless  he  be  learned  in  the  law,  be  at  least  twenty-five 
years  of  age,  and  a  citizen  of  the  United  States,  nor  unless  he 
shall  have  resided  within  the  State  or  territory  of  Dakota  at 
least  two  years  next  preceding  his  election,  nor  unless  he  shall 
at  the  time  of  his  election  be  an  elector  within  the  judicial  dis- 
trict for  which  he  is  elected. 

Sec.  108.  There  shall  be  a  clerk  of  the  district  court  in  each 
organized  county  in  which  a  court  is  holden  who  shall  be  elected 
by  the  qualified  electors  of  the  county,  and  shall  hold  his  office 
for  the  same  term  as  other  county  officers.  He  shall  receive  such 
compensation  for  his  services  as  may  be  prescribed  by  law. 

Sec.  109.  Writs  of  error  and  appeals  may  be  allowed  from 
the  decisions  of  the  district  courts  to  the  supreme  court  under 
such  regulations  as  may  be  prescribed  by  law. 


County  Courts 

Ccourts        Sec'   110>     There  sha11  be  established  in  each  county  a  county 
court  which  shall  be  a  court  of  record,  open  at  all  times  and 


CONSTITUTION  OF  NORTH  DAKOTA 


Jurisdic- 
tion of 
county 
courts 


Increased 
jurisdic- 
tion 


holden  by  one  judge,  elected  by  the  electors  of  the  county,  and 
whose  term  of  office  shall  be  two  years. 

Sec.  111.  The  county  court  shall  have  exclusive  original 
jurisdiction  in  probate  and  testamentary  matters,  the  appoint- 
ment of  administrators  and  guardians,  the  settlement  of  the  ac- 
counts of  executors,  administrators  and  guardians,  the  sale  of 
lands,  by  executors,  administrators  and  guardians,  and  such 
other  probate  jurisdiction  as  may  be  conferred  bylaw;  provided, 
that  whenever  the  voters  of  any  county  having  a  population  of 
2,000  or  over  shall  decide  by  a  majority  vote  that  they  desire  the 
jurisdiction  of  said  court  increased  above  that  limited  by  this 
constitution,  then  said  county  court  shall  have  concurrent  juris- 
diction with  the  district  courts  in  all  civil  actions  where  the 
amount  in  controversy  does  not  exceed  $1,000,  and  in  all  criminal 
actions  below  the  grade  of  felony,  and  in  case  it  is  decided  by  the 
voters  of  any  county  to  so  increase  the  jurisdiction  of  said  county 
court,  the  jurisdiction  in  cases  of  misdemeanors  arising  under 
state  laws  which  may  have  been  conferred  upon  police  magis- 
trates shall  cease.  The  qualifications  of  the  judge  of  the  county 
court  in  counties  where  the  jurisdiction  of  said  court  shall  have 
been  increased  shall  be  the  same  as  those  of  the  district  judge, 
except  that  he  shall  be  a  resident  of  the  county  at  the  time  of  his 
election,  and  said  county  judge  shall  receive  such  salary  for  his  Salary 
services  as  may  be  provided  by  law.  In  case  the  voters  of  any 
county  decide  to  increase  the  jurisdiction  of  said  county  courts, 
then  such  jurisdiction  as  thus  increased  shall  remain  until  other- 
wise provided  by  law. 


Justices  of  the  Peace 

Sec.  112.  The  legislative  assembly  shall  provide  by  law  for 
the  election  of  justices  of  the  peace  in  each  organized  county 
within  the  State.  But  the  number  of  said  justices  to  be  elected 
in  each  organized  county  shall  be  limited  by  law  to  such  a  number 
as  shall  be  necessary  for  the  proper  administration  of  justice. 
The  justices  of  the  peace  herein  provided  for  shall  have  concurrent 
jurisdiction  with  the  district  court  in  all  civil  actions  when  the 
amount  in  controversy,  exclusive  of  costs,  does  not  exceed  $200, 
and  in  counties  where  no  county  court  with  criminal  jurisdiction 
exists  they  shall  have  such  jurisdiction  to  hear  and  determine 
cases  of  misdemeanor  as  may  be  provided  by  law,  but  in  no  case 
shall  said  justices  of  the  peace  have  jurisdiction  when  the  bound- 
aries of  or  title  to  real  estate  shall  come  in  question.  The  legis- 
lative assembly  shall  have  power  to  abolish  the  office  of  justice 
of  the  peace  and  confer  that  jurisdiction  upon  judges  of  county 
courts  or  elsewhere. 

Govt,  No.  Dak. — 24 


Justices  of 
the  peace 


Jurisdic- 
tion 


lii 


APPENDIX  D 


Police 
magis- 
trates 
elected 


Jurisdic- 
tion of 


Police  Magistrates 

Sec.  113.  The  legislative  assembly  shall  provide  by  law  for 
the  election  of  police  magistrates  in  cities,  incorporated  towns 
and  villages,  who  in  addition  to  their  jurisdiction  of  all  cases 
arising  under  the  ordinances  of  said  cities,  towns  and  villages, 
shall  be  ex  officio  justices  of  the  peace  of  the  county  in  which  said 
cities,  towns  and  villages  may  be  located.  And  the  legislative 
assembly  may  confer  upon  said  police  magistrates  the  jurisdic- 
tion to  hear,  try  and  determine  all  cases  of  misdemeanors,  and 
the  prosecutions  therein  shall  be  by  information. 

Sec.  114.  Appeals  shall  lie  from  the  county  court,  final  deci- 
sions of  j  ustices  of  the  peace  and  police  magistrates  in  such  cases 
and  pursuant  to  such  regulations  as  may  be  prescribed  by  law; 


Sessions 
of  courts 


Judges  not 

eligible    to 

other 

offices 


Courts  of 
conciliation 


Miscellaneous  Provisions 

Sec.  115.  The  time  of  holding  courts  in  the  several  counties 
of  a  district  shall  be  as  prescribed  by  law,  but  at  least  two  terms 
of  the  district  court  shall  be  held  annually  in  each  organized 
county,  and  the  legislative  assembly  shall  make  provision  for 
attaching  unorganized  counties  or  territories  to  organized  coun- 
ties for  judicial  purposes. 

Sec.  116.  Judges  of  the  district  courts  may  hold  court  in 
other  districts  than  their  own  under  such  regulations  as  shall  be 
prescribed  by  law. 

Sec.  117.  No  judge  of  the  supreme  or  district  court  shall  act 
as  attorney  or  counselor  at  law. 

Sec  118.  Until  the  legislative  assembly  shall  provide  by 
law  for  fixing  the  terms  of  court,  the  judges  of  the  supreme  and 
district  courts  shall  fix  the  terms  thereof. 

Sec.  119.  No  judge  of  the  supreme  or  district  courts  shall  be 
elected  or  appointed  to  any  other  than  judicial  offices  or  be  eligi- 
ble thereto  during  the  term  for  which  he  was  elected  or  appointed 
such  judge.  All  votes  or  appointments  for  either  of  them  for  any 
elective  or  appointive  office  except  that  of  judge  of  the  supreme 
court,  or  district  court,  given  by  the  legislative  assembly  or  the 
people,  shall  be  void. 

Sec.  120.  Tribunals  of  conciliation  may  be  established  with 
such  powers  and  duties  as  shall  be  prescribed  by  law  or  the  powers 
and  duties  of  such  may  be  conferred  upon  other  courts  of  justice; 
but  such  tribunals  or  other  courts  when  sitting  as  such,  shall  have 
no  power  to  render  judgment  to  be  obligatory  on  the  parties, 
unless  they  voluntarily  submit  their  matters  of  difference  and 
agree  to  abide  the  judgment  of  such  tribunals  or  courts. 


CONSTITUTION  OF  NORTH  DAKOTA 


liii 


ARTICLE  V — Elective  Franchise 

Sec.  121.  Every  male  person  of  the  age  of  twenty-one  years 
and  upwards  belonging  to  either  of  the  following  classes,  who 
shall  have  resided  in  the  State  one  year,  in  the  county  six  months 
and  in  the  precinct  ninety  days  next  preceding  any  election, 
shall  be  deemed  a  qualified  elector  at  such  election : 

First.     Citizens  of  the  United  States. 

Second.  Persons  of  foreign  birth  who  shall  have  declared 
their  intention  to  become  citizens  one  year  and  not  more  than  six 
years  prior  to  such  election,  conformably  to  the  naturalization 
laws  of  the  United  States. 

Third.  Civilized  persons  of  Indian  descent  who  shall  have  sev- 
ered their  tribal  relations  two  years  next  preceding  such  election. 

Note. — This  section  amended  by  Article  2,  amendments  to  the  consti- 
tution. 

Sec.  122.  The  legislative  assembly  shall  be  empowered  to 
make  further  extensions  of  suffrage  hereafter,  at  its  discretion, 
to  all  citizens  of  mature  age  and  sound  mind,  not  convicted  of 
crime,  without  regard  to  sex;  but  no  law  extending  or  restricting 
the  right  of  suffrage  shall  be  in  force  until  adopted  by  a  majority 
of  the  electors  of  the  State  voting  at  a  general  election. 

Sec.  123.  Electors  shall  in  all  cases  except  treason,  felony, 
breach  of  the  peace  or  illegal  voting,  be  privileged  from  arrest  on 
the  days  of  election  during  their  attendance  at,  going  to  and 
returning  from  such  election,  and  no  elector  shall  be  obliged  to 
perform  military  duty  on  the  day  of  election,  except  in  time  of 
war  or  public  danger. 

Sec.  124.  The  general  elections  of  the  State  shall  be  biennial, 
and  shall  be  held  on  the  first  Tuesday  after  the  first  Monday  in 
November;  provided,  that  the  first  general  election  under  this 
constitution  shall  be  held  on  the  first  Tuesday  after  the  first 
Monday  in  November,  A.  D.  1890. 

Sec.  125.  No  elector  shall  be  deemed  to  have  lost  his  resi- 
dence in  this  State  by  reason  of  his  absence  on  business  of  the 
United  States  or  of  this  State  or  in  the  military  or  naval  service 
of  the  United  States. 

Sec.  126.  No  soldier,  seaman  or  marine  in  the  army  or  navy 
of  the  United  States  shall  be  deemed  a  resident  of  this  State  in 
consequence  of  his  being  stationed  therein. 

Sec.  127.  No  person  who  is  under  guardianship,  non  compos 
mentis,  or  insane,  shall  be  qualified  to  vote  at  any  election,  nor 
shall  any  person  convicted  of  treason  or  felony,  unless  restored 
to  civil  rights. 

Note. — This  section  amended  by  Article  2,  amendments  to  the  constitu- 
tion. 


Who  may 
vote 


Citizens 
only 


Extension 
of  suffrage 
to  women 


Electors 
protected 


Time  of 
elections 


Absentee 
electors 


Bona  fide 
residents 


Disquali- 
fied elect- 


APPENDIX  D 


Women 
vote 


Secret 
ballot 


Sec.  128.  Any  woman  having  the  qualifications  enumerated 
in  section  121  of  this  article,  as  to  age,  residence  and  citizenship, 
and  including  those  now  qualified  by  the  laws  of  the  territory, 
may  vote  for  all  school  officers,  and  upon  all  questions  pertaining 
solely  to  school  matters,  and  be  eligible  to  any  school  office. 

Sec.  129.  All  elections  by  the  people  shall  be  by  secret  ballot, 
subject  to  such  regulations  as  shall  be  provided  by  law. 


Organiza- 
tion of 

municipal 
bodies 


ARTICLE  VI— Municipal  Corporations 

Sec.  130.  The  legislative  assembly  shall  provide  by  general 
law  for  the  organization  of  municipal  corporations,  restricting 
their  powers  as  to  levying  taxes  and  assessments,  borrowing 
money  and  contracting  debts;  and  money  raised  by  taxation, 
loan  or  assessment  for  any  purpose  shall  not  be  diverted  to  any 
other  purpose  except  by  authority  of  law. 


Private 
corpora- 
tions 


Bona     fide 
organiza- 
tions 


Corpora- 
tion 
charters 


Right  of 
eminent 
domain 


Police 

power  of 

State 


ARTICLE  VII— Corporations  Other  Than  Municipal. 

Sec.  131.  No  charter  of  incorporation  shall  be  granted,  changed 
or  amended  by  special  law,  except  in  the  case  of  such  municipal, 
charitable,  educational,  penal  or  reformatory  corporations  as  may 
be  under  the  control  of  the  State;  but  the  legislative  assembly 
shall  provide  by  general  laws  for  the  organization  of  all  corpora- 
tions hereafter  to  be  created,  and  any  such  law,  so  passed,  shall 
be  subject  to  future  repeal  or  alteration. 

Sec.  132.  All  existing  charters  or  grants  of  special  or  exclusive 
privileges,  under  which  a  bona  fide  organization  shall  not  have 
taken  place  and  business  been  commenced  in  good  faith  at  the 
time  this  constitution  takes  effect,  shall  thereafter  have  no  va- 
lidity. 

Sec.  133.  The  legislative  assembly  shall  not  remit  the  for- 
feiture of  the  charter  to  any  corporation  now  existing,  nor  alter 
or  amend  the  same,  nor  pass  any  other  general  or  special  law 
for  the  benefit  of  such  corporation,  except  upon  the  condition 
that  such  corporation  shall  thereafter  hold  its  charter  subject  to 
the  provisions  of  this  constitution. 

Sec.  134.  The  exercise  of  the  right  of  eminent  domain  shall 
never  be  abridged,  or  so  construed  as  to  prevent  the  legislative 
assembly  from  taking  the  property  and  franchises  of  incorporated 
companies  and  subjecting  them  to  public  use,  the  same  as  the 
property  of  individuals;  and  the  exercise  of  the  police  power  of 
this  State  shall  never  be  abridged,  or  so  construed  as  to  permit 
corporations  to  conduct  their  business  in  such  a  manner  as  to 
infringe  the  equal  rights  of  individuals  or  the  general  well  being 
of  the  State. 


CONSTITUTION  OF  NORTH  DAKOTA 


lv 


Sec.  135.  In  all  elections  for  directors  or  managers  of  a  corpo- 
ration, each  member  or  shareholder  may  cast  the  whole  number 
of  his  votes  for  one  candidate,  or  distribute  them  upon  two  or 
more  candidates,  as  he  may  prefer. 

Sec.  136.  No  foreign  corporation  shall  do  business  in  this 
State  without  having  one  or  more  places  of  business  and  an 
authorized  agent  or  agents  in  the  same,  upon  whom  process  may 
be  served. 

Sec.  137.  No  corporation  shall  engage  in  any  business  other 
than  that  expressly  authorized  in  its  charter. 

Sec.  138.  No  corporation  shall  issue  stock  or  bonds  except 
for  money,  labor  done,  or  money  or  property  actually  received; 
and  all  fictitious  increase  of  stock  or  indebtedness  shall  be  void. 
The  stock  and  indebtedness  of  corporations  shall  not  be  increased 
except  in  pursuance  of  general  law,  nor  without  the  consent  of 
the  persons  holding  the  larger  amount  in  value  of  the  stock 
first  obtained  at  a  meeting  to  be  held  after  sixty  days'  notice 
given  in  pursuance  of  law. 

Sec.  139.  No  law  shall  be  passed  by  the  legislative  assembly 
granting  the  right  to  construct  and  operate  a  street  railroad, 
telegraph,  telephone  or  electric  light  plant  within  any  city,  .town 
or  incorporated  village,  without  requiring  the  consent  of  the 
local  authorities  having  the  control  of  the  street  or  highway  pro- 
posed to  be  occupied  for  such  purposes. 

Sec.  140.  Every  railroad  corporation  organized  and  doing 
business  in  this  State  under  the  laws  or  authority  thereof,  shall 
have  and  maintain  a  public  office  or  place  in  the  State  for  the 
transaction  of  its  business,  where  transfers  of  its  stock  shall  be 
made  and  in  which  shall  be  kept  for  public  inspection  books  in 
which  shall  be  recorded  the  amount  of  capital  stock  subscribed, 
and  by  whom,  the  names  of  the  owners  of  its  stock  and  the  amount 
owned  by  them  respectively;  the  amount  of  stock  paid  in  and 
by  whom  and  the  transfers  of  said  stock;  the  amount  of  its  assets 
and  liabilities  and  the  names  and  place  of  residence  of  its  officers. 
The  directors  of  every  railroad  corporation  shall  annually  make 
a  report,  under  oath  to  the  auditor  of  public  accounts,  or  some 
officer  or  officers  to  be  designated  by  law,  of  all  their  acts  and 
doings,  which  report  shall  include  such  matters  relating  to  rail- 
roads as  may  be  prescribed  by  law,  and  the  legislative  assembly 
shall  pass  laws  enforcing  by  suitable  penalties  the  provisions  of 
this  section;  provided,  the  provisions  of  this  section  shall  not  be 
so  construed  as  to  apply  to  foreign  corporations. 

Sec.  141.  No  railroad  corporation  shall  consolidate  its  stock, 
property  or  franchises  with  any  other  railroad  corporation  own- 
ing a  parallel  or  competing  line ;  and  in  no  case  shall  any  consoli- 
dation take  place  except  upon  public  notice  given  at  least  sixty 


Election  of 
corpora- 
tion di- 
rectors 


Foreign 
corpora- 


Business  of 
corpora- 
tion limit- 
ed 

Stock  of 
corpora- 
tion must 
be  paid  up 


Corpora- 
tions must 
get  consent 
of  local 
bodies 


State  in- 
spection of 
railroads 


Railroads 
must  re- 
port an- 
nually 


Competi- 
tion safe- 
guarded 


Ivi 


APPENDIX  D 


State  may 
regulate 
railroad 


Right  to 
organize 
new  rail- 
roads 


"Corpora- 
tion"  is  a 
private 
business 


State 
banks 
must    "se- 
cure" issue 
of  money 


Illegal  for 
combina- 
tions to 
control 
prices 


days  to  all  stockholders,  in  such  manner  as  may  be  provided  by 
law.  Any  attempt  to  evade  the  provisions  of  this  section  by 
any  railroad  corporation  by  lease  or  otherwise,  shall  work  a  for- 
feiture of  its  charter. 

Sec.  142.  Railways  heretofore  constructed,  or  that  may  here- 
after be  constructed  in  this  State,  are  hereby  declared  public 
highways,  and  all  railroads,  sleeping  car,  telegraph,  telephone 
and  transportation  companies  of  passengers,  intelligence  and 
freight  are  declared  to  be  common  carriers  and  subject  to  legis- 
lative control;  and  the  legislative  assembly  shall  have  power  to 
enact  laws  regulating  and  controlling  the  rates  of  charges  for 
the  transportation  of  passengers,  intelligence  and  freight,  as  such 
common  carriers,  from  one  point  to  another  in  this  State;  pro- 
vided, that  appeal  may  be  had  to  the  courts  of  this  State  from 
the  rates  so  fixed;  but  the  rates  fixed  by  the  legislative  assembly 
or  board  of  railroad  commissioners  shall  remain  in  force  pending 
the  decision  of  the  courts. 

Sec.  143.  Any  association  or  corporation  organized  for  the 
purpose  shall  have  the  right  to  construct  and  operate  a  rail- 
road between  any  points  within  this  State,  and  to  connect  at 
the  state  line  with  the  railroads  of  other  States.  Every  railroad 
company  shall  have  the  right  with  its  road  to  intersect,  connect 
with  or  cross  any  other,  and  shall  receive  and  transport  each 
other's  passengers,  tonnage  and  cars,  loaded  or  empty,  without 
delay  or  discrimination. 

Sec.  144.  The  term  "corporation"  as  used  in  this  article 
shall  not  be  understood  as  embracing  municipalities  or  political 
subdivisions  of  the  State  unless  otherwise  expressly  stated,  but 
it  shall  be  held  and  construed  to  include  all  associations  and 
joint  stock  companies  having  any  of  the  powers  or  privileges 
of  corporations  not  possessed  by  individuals  or  partnerships. 

Sec.  145.  If  a  general  banking  law  be  enacted,  it  shall  pro- 
vide for  the  registry  and  countersigning  by  an  officer  of  the 
State,  of  all  notes  or  bills  designed  for  circulation,  and  that 
ample  security  to  the  full  amount  thereof  shall  be  deposited 
with  the  state  treasurer  for  the  redemption  of  such  notes  or 
bills. 

Sec.  146.  Any  combination  between  individuals,  corporations, 
associations,  or  either,  having  for  its  object  or  effect  the  con- 
trolling of  the  price  of  any  product  of  the  soil  or  any  article  of 
manufacture  or  commerce,  or  the  cost  of  exchange  or  trans- 
portation, is  prohibited  and  hereby  declared  unlawful  and  against 
public  policy;  and  any  and  all  franchises  heretofore  granted  or 
extended,  or  that  may  hereafter  be  granted  or  extended  in  this 
State,  whenever  the  owner  or  owners  thereof  violate  this  article, 
shall  be  deemed  annulled  and  become  void. 


CONSTITUTION  OF  NORTH  DAKOTA 


Ivii 


ARTICLE  VIII— Education 

Sec.  147.  A  high  degree  of  intelligence,  patriotism,  integrity 
and  morality  on  the  part  of  every  voter  in  a  government  by  the 
people  being  necessary  in  order  to  insure  the  continuance  of 
that  government  and  the  prosperity  and  happiness  of  the  people, 
the  legislative  assembly  shall  make  provision  for  the  establish- 
ment and  maintenance  of  a  system  of  public  schools  which  shall 
be  open  to  all  children  of  the  State  of  North  Dakota  and  free 
from  sectarian  control.  This  legislative  requirement  shall  be 
irrevocable  without  the  consent  of  the  United  States  and  the 
people  of  North  Dakota. 

Sec.  148.  The  legislative  assembly  shall  provide,  at  its  first 
session  after  the  adoption  of  this  constitution,  for  a  uniform 
system  for  free  public  schools  throughout  the  State,  beginning 
with  the  primary  and  extending  through  all  grades  up  to  and 
including  the  normal  and  collegiate  course. 

Sec.  149.  In  all  schools  instructions  shall  be  given  as  far  as 
practicable  in  those  branches  of  knowledge  that  tend  to  impress 
upon  the  mind  the  vital  importance  of  truthfulness,  temperance, 
purity,  public  spirit,  and  respect  for  honest  labor  of  every  kind. 

Sec.  150.  A  superintendent  of  schools  for  each  county  shall  be 
elected  every  two  years,  whose  qualifications,  duties,  powers 
and  compensation  shall  be  fixed  by  law. 

Sec.  151.  The  legislative  assembly  shall  take  such  other  steps 
as  may  be  necessary  to  prevent  illiteracy,  secure  a  reasonable 
degree  of  uniformity  in  course  of  study,  and  to  promote  industrial, 
scientific,  and  agricultural  improvements. 

Sec.  152.  All  colleges,  universities,  and  other  educational 
institutions,  for  the  support  of  which  lands  have  been  granted 
to  this  State,  or  which  are  supported  by  a  public  tax,  shall  remain 
under  the  absolute  and  exclusive  control  of  the  State.  No  money 
raised  for  the  support  of  the  public  schools  of  the  State  shall  be 
appropriated  to  or  used  for  the  support  of  any  sectarian  school. 


Free  pub- 
lic educa- 
tion 


Non- 
sectarian 
control 


Uniform 
system  in 
public 
schools 


What 
should  be 
taught 


Superin- 
tendent of 
schools 

Citizens 
must  be 
taught  to 
read  and 
write 

State  con- 
trol of 
state 
schools 


ARTICLE  IX— School  and  Public  Lands 

Sec.  153.  All  proceeds  of  the  public  lands  that  have  hereto- 
fore been  or  may  hereafter  be  granted  by  the  United  States  for 
the  support  of  the  common  schools  in  this  State;  all  such  per 
centum  as  may  be  granted  by  the  United  States  on  the  sale  of 
public  lands;  the  proceeds  of  property  that  shall  fall  to  the  State 
by  escheat;  the  proceeds  of  all  gifts  and  donations  to  the  State 
for  common  schools,  or  not  otherwise  appropriated  by  the  terms 
of  the  gift,  and  all  other  property  otherwise  acquired  for  common 
schools,  shall  be  and  remain  a  perpetual  fund  for  the  mainte- 


Permanent 
school 
fund — 
sources  of 


Increase 
but  not 
diminish 


Iviii 


APPENDIX  D 


School 
funds, 
how  ap- 
plied 


Sale  of 

public 

land  for 

school 

fund  pur- 


Who  con- 
trols 
school 
lands 


How 

school 

lands  are 

evaluated 


nance  of  the  common  schools  of  the  State.  It  shall  be  deemed  a 
trust  fund,  the  principal  of  which  shall  forever  remain  inviolate 
and  may  be  increased  but  never  diminished.  The  State  shall 
make  good  all  losses  thereof. 

Sec.  154.  The  interest  and  income  of  this  fund  together  with 
the  net  proceeds  of  all  fines  for  violation  of  state  laws,  and  all 
other  sums  which  may  be  added  thereto  by  law  shall  be  faithfully 
used  and  applied  each  year  for  the  benefit  of  the  common  schools 
of  the  State,  and  shall  be  for  this  purpose  apportioned  among 
and  between  all  the  several  common  school  corporations  of  the 
State  in  proportion  to  the  number  of  children  in  each  of  school 
age,  as  may  be  fixed  by  law,  and  no  part  of  the  fund  shall  ever' 
be  diverted  even  temporarily,  from  this  purpose,  or  used  for  any 
other  purpose  whatever  than  the  maintenance  of  common  schools 
for  the  equal  benefit  of  all  the  people  of  the  State;  provided,  how- 
ever, that  if  any  portion  of  the  interest  or  income  aforesaid  shall 
be  not  expended  during  any  year,  said  portion  shall  be  added  to 
and  become  a  part  of  the  school  fund. 

Sec.  155.  After  one  year  from  the  assembling  of  the  first 
legislative  assembly  the  lands  granted  to  the  State  from  the 
United  States  for  the  support  of  the  common  schools  may  be  sold 
upon  the  following  conditions  and  no  other:  No  more  than  one 
fourth  of  all  such  lands  shall  be  sold  within  the  first  five  years 
after  the  same  become  saleable  by  virtue  of  this  section.  No 
more  than  one  half  of  the  remainder  within  ten  years  after  the 
same  become  saleable  as  aforesaid.  The  residue  may  be  sold  at 
any  time  after  the  expiration  of  said  ten  years.  The  legislative 
assembly  shall  provide  for  the  sale  of  all  school  lands  subject  to 
the  provisions  of  this  article.  The  coal  lands  of  the  State  shall 
never  be  sold,  but  the  legislative  assembly  may  by  general  laws 
provide  for  leasing  the  same.  The  words  "coal  lands"  shall  in- 
clude lands  bearing  lignite  coal. 

Sec.  156.  The  superintendent  of  public  instruction,  gov- 
ernor, attorney  general,  secretary  of  state  and  state  auditor  shall 
constitute  a  board  of  commissioners,  which  shall  be  denominated 
the  "Board  of  University  and  School  Lands"  and,  subject  to 
the  provisions  of  this  article,  and  any  law  that  may  be  passed 
by  the  legislative  assembly,  said  board  shall  have  control  of  the 
appraisement,  sale,  rental  and  disposal  of  all  school  and  university 
lands,  and  shall  direct  the  investment  of  the  funds  arising  there- 
from in  the  hands  of  the  state  treasurer,  under  the  limitations 
in  section  160  of  this  article. 

Sec.  157.  The  county  superintendent  of  common  schools, 
the  chairman  of  the  county  board  and  the  county  auditor  shall 
constitute  boards  of  appraisal,  and  under  the  authority  of  the 
state  board  of  university  and  school  lands  shall  appraise  all  school 


CONSTITUTION  OF  NORTH  DAKOTA 


lix 


lands  within  their  respective  counties  which  they  may  from  time 
to  time  recommend  for  sale  at  their  actual  value  under  the  pre- 
scribed terms,  and  shall  first  select  and  designate  for  sale  the 
most  valuable  lands. 

Sec.  158.  No  land  shall  be  sold  for  less  than  the  appraised 
value  and  in  no  case  for  less  than  $10  per  acre.  The  purchaser 
shall  pay  one  fifth  of  the  price  in  cash  and  the  remaining  four 
fifths  as  follows:  One  fifth  in  five  years,  one  fifth  in  ten  years, 
one  fifth  in  fifteen  years  and  one  fifth  in  twenty  years,  with 
interest  at  the  rate  of  not  less  than  six  per  centum,  payable  annu- 
ally in  advance.  All  sales  shall  be  held  at  the  county  seat  of 
the  county  in  which  the  land  to  be  sold  is  situate,  and  shall  be  at 
public  auction  and  to  the  highest  bidder,  after  sixty  days'  adver- 
tisement of  the  same  in  a  newspaper  of  general  circulation  in  the 
vicinity  of  the  lands  to  be  sold,  and  one  at  the  seat  of  government. 
Such  lands  as  shall  not  have  been  specially  subdivided  shall  be 
offered  in  tracts  of  one-quarter  section,  and  those  so  subdivided 
in  the  sm-.illest  subdivisions.  All  lands  designated  for  sale  and 
not  sold  \vithin  two  years  after  appraisal  shall  be  reappraised 
before  they  are  sold.  No  grant  or  patent  for  any  such  lands  shall 
issue  until  payment  is  made  for  the  same;  provided,  that  the  lands 
contracted  to  be  sold  by  the  State  shall  be  subject  to  taxation 
from  the  date  of  such  contract.  In  case  the  taxes  assessed  against 
any  of  said  lands  for  any  year  remain  unpaid  until  the  first  Mon- 
day in  October  of  the  following  year,  then  and  thereupon  the 
contract  of  sale  for  such  lands  shall  become  null  and  void. 

Note. — This  section  amended  by  Amendment  Article  IX. 

Sec.  159.  All  lands,  money  or  other  property  donated, 
granted  or  received  from  the  United  States  or  any  other  source 
for  a  university,  school  of  mines,  reform  school,  agricultural  col- 
lege, deaf  and  dumb  asylum,  normal  school  or  other  educational 
or  charitable  institution  or  purpose,  and  the  proceeds  of  all  such 
lands  and  other  property  so  received  from  any  source,  shall  be 
and  remain  perpetual  funds,  the  interest  and  income  of  which, 
together  with  the  rents  of  all  such  lands  as  may  remain  unsold, 
shall  be  inviolably  appropriated  and  applied  to  the  specific  ob- 
jects of  the  original  grants  or  gifts.  The  principal  of  every  such 
fund  may  be  increased  but  shall  never  be  diminished,  and  the  in- 
terest and  income  only  shall  be  used.  Every  such  fund  shall  be 
deemed  a  trust  fund  held  by  the  State,  and  the  State  shall  make 
good  all  loses  thereof. 

Sec.  160.  All  lands  mentioned  in  the  preceding  section  shall 
be  appraised  and  sold  in  the  same  manner  and  under  the  same 
limitations  and  subject  to  all  the  conditions  as  to  price  and  sale 
as  provided  above  for  the  appraisal  and  sale  of  lands  for  the  bene- 


How 
school 
land  is 
sold,  and 
price 


Money 
from  sale 
of  other 
public 
lands  set 
aside  as 
permanent 
funds 


How  these 
lands  are 
sold 


Ix 


APPENDIX  D 


Renting 

of   public 

lands 


Limitation 
on    invest- 
ment of 
education- 
al funds 


Granting 
of  public 
lands  re- 
stricted 


Assembly 

disposes  of 

any  other 

public 

lands 


fit  of  common  schools;  but  a  distinct  and  separate  account  shall 
be  kept  by  the  proper  officers  of  each  of  said  funds;  provided, 
that  the  limitations  as  to  the  time  in  which  school  land  may  be 
sold  shall  apply  only  to  lands  granted  for  the  support  of  common 
schools. 

Sec.  161.  The  legislative  assembly  shall  have  authority  to 
provide  by  law  for  the  leasing  of  lands  granted  to  the  State  for 
educational  and  charitable  purposes;  but  no  such  law  shall 
authorize  the  leasing  of  said  lands  for  a  longer  periQd  than  five 
years.  Said  lands  shall  only  be  leased  for  pasturage  and  meadow 
purposes  and  at  a  public  auction  after  notice  as  heretofore  pro- 
vided in  case  of  sale;  provided,  that  all  of  said  school  lands  now 
under  cultivation  may  be  leased,  at  the  discretion  and  under  the 
control  of  the  board  of  university  and  school  lands,  for  other 
than  pasturage  and  meadow  purposes  until  sold.  All  rents  shall 
be  paid  in  advance. 

Sec.  162.  The  moneys  of  the  permanent  school  fund  and 
other  educational  funds  shall  be  invested  only  in  bonds  of  school 
corporations  within  the  State,  bonds  of  the  United  States,  bonds 
of  the  State  of  North  Dakota,  or  in  first  mortgages  on  farm  lands 
in  the  State,  not  exceeding  in  amount  one  third  of  the  actual 
value  of  any  subdivision  on  which  the  same  may  be  loaned,  such 
value  to  be  determined  by  the  board  of  appraisers  of  school  lands. 

Note. — This  section  amended  by  Article  8,  amendments  to  the  constitu- 
tion, also  by  Article  9,  adopted  1908. 

Sec.  163.  No  law  shall  ever  be  passed  by  the  legislative  as- 
sembly granting  to  any  person,  corporation  or  association  any 
privileges  by  reason  of  the  occupation,  cultivation  or  improve- 
ment of  any  public  lands  by  said  person,  corporation  or  associa- 
tion subsequent  to  the  survey  thereof  by  the  general  government. 
No  claim  for  the  occupation,  cultivation  or  improvement  of  any 
public  lands  shall  ever  be  recognized,  nor  shall  such  occupation, 
cultivation  or  improvement  of  any  public  lands  ever  be  used  to 
diminish  either  directly  or  indirectly,  the  purchase  price  of  said 
lands. 

Sec.  164.  The  legislative  assembly  shall  have  authority  to 
provide  by  law  for  the  sale  or  disposal  of  all  public  lands  that  have 
been  heretofore,  or  may  hereafter  be  granted  by  the  United 
States  to  the  State  for  purposes  other  than  set  forth  and  named 
in  sections  153  and  159  of  this  article.  And  the  legislative  as- 
sembly, in  providing  for  the  appraisement,  sale,  rental  and  dis- 
posal of  the  same,  shall  not  be  subject  to  the  provisions  and  limi- 
tations of  this  article. 

Sec.  165.  The  legislative  assembly  shall  pass  suitable  laws 
for  the  safekeeping,  transfer  and  disbursement  of  the  state  school 
funds;  and  shall  require  all  officers  charged  with  the  same  or  the 


CONSTITUTION  OF  NORTH  DAKOTA 


Ixi 


safe  keeping  thereof  to  give  ample  bonds  for  all  moneys  and  funds 
received  by  them,  and  if  any  of  said  officers  shall  convert  to  his 
own  use  in  any  manner  or  form,  or  shall  loan  with  or  without 
interest  or  shall  deposit  in  his  own  name,  or  otherwise  than  in 
the  name  of  the  State  of  North  Dakota,  or  shall  deposit  in  any 
banks  or  with  any  person  or  persons,  or  exchange  for  other  funds 
or  property  any  portion  of  the  school  funds  aforesaid  or  pur- 
posely allow  any  portion  of  the  same  to  remain  in  his  own  hands 
uninvested,  except  in  the  manner  prescribed  by  law,  every  such 
act  shall  constitute  an  embezzlement  of  so  much  of  the  aforesaid 
school  funds  as  shall  be  thus  taken  or  loaned,  or  deposited,  or 
exchanged,  or  withheld,  and  shall  be  a  felony;  and  any  failure 
to  pay  over,  produce  or  account  for,  the  state  school  funds  or 
any  part  of  the  same  entrusted  to  any  such  officer,  as  by  law 
required  or  demanded,  shall  be  held  and  be  taken  to  be  prima 
i-acie  evidence  of  such  embezzlement. 


Guarding 
of  the 


assembly 


ARTICLE  X — County  and  Township  Organization 

Sec.  166.  The  several  counties  in  the  territory  of  Dakota 
lying  north  of  the  seventh  standard  parallel  as  they  now  exist, 
are  hereby  declared  to  be  counties  of  the  State  of  North  Dakota. 

Sec.  167.  The  legislative  assembly  shall  provide  by  general 
law  for  organizing  new  counties,  locating  the  county  seats  thereof 
temporarily,  and  changing  county  lines,  but  no  new  county 
shall  be  organized,  nor  shall  any  organized  county  be  so  reduced 
as  to  include  an  area  of  less  than  twenty-four  congressional 
townships,  and  containing  a  population  of  less  than  one  thousand 
bona  fide  inhabitants.  And  in  the  organization  of  new  counties 
and  in  changing  the  lines  of  organized  counties  and  boundaries 
of  congressional  townships,  the  natural  boundaries  shall  be  ob- 
served as  nearly  as  may  be. 

Sec.  168.  All  changes  in  the  boundaries  of  organized  counties 
before  taking  effect  shall  be  submitted  to  the  electors  of  the 
county  or  counties  to  be  affected  thereby  at  a  general  election 
and  be  adopted  by  a  majority  of  all  the  legal  votes  cast  in  each 
county  at  such  election;  and  in  case  any  portion  of  an  organized 
county  is  stricken  off  and  added  to  another  the  county  to  which 
such  portion  is  added  shall  assume  and  be  holden  for  an  equitable 
proportion  of  the  indebtedness  of  the  county  so  reduced. 

Sec.  169.  The  legislative  assembly  shall  provide  by  general 
law,  for  changing  county  seats  in  organized  counties,  but  it 
shall  have  no  power  to  remove  the  county  seat  of  any  organized 
county. 

Sec.  170.  The  legislative  assembly  shall  provide  by  general 
law  for  township  organization,  under  which  any  county  may  organ- 


Original 
counties 


New 
counties 


Boundary 
and  size  of 
counties 


Changes  in 
boundaries 
by  people 


Locating 
county 


Ixii 


APPENDIX  D 


How  a 
township 
is    organ- 
ized 


People 
may 
change 
form  of 
•local    gov- 
ernment 


Fiscal  af-. 
fairs  of 
county 


County 
officials 


Compensa- 
tion    fixed 
by  assem- 
bly 


ize,  whenever  a  majority  of  all  the  legal  voters  of  such  county, 
voting  at  a  general  election,  shall  so  determine,  and  whenever 
any  county  shall  adopt  township  organization,  so  much  of  this 
constitution  as  provides  for  the  management  of  the  fiscal  con- 
cerns of  said  county  by  the  board  of  county  commissioners,  may 
be  dispensed  with  by  a  majority  vote  of  the  people  voting  at  any 
general  election ;  and  the  affairs  of  said  county  may  be  transacted 
by  the  chairmen  of  the  several  township  boards  of  said  county, 
and  such  others  as  may  be  provided  by  law  for  incorporated 
cities,  towns  or  villages  within  such  county. 

Sec.  171.  In  any  county  that  shall  have  adopted  a  system 
of  government  by  the  chairmen  of  the  several  township  boards, 
the  question  of  continuing  the  same  may  be  submitted  to  the 
electors  of  such  county  at  a  general  election  in  such  a  manner  as 
may  be  provided  by  law,  and  if  a  majority  of  all  the  votes  cast 
upon  such  question  shall  be  against  said  system  of  government, 
then  such  system  shall  cease  in  said  county,  and  the  affairs  of 
said  county  shall  then  be  transacted  by  a  board  of  county  com- 
missioners as  is  now  provided  by  the  laws  of  the  territory  of 
Dakota. 

Sec.  172.  Until  the  system  of  county  government  by  the 
chairmen  of  the  several  township  boards  is  adopted  by  any 
county,  the  fiscal  affairs  of  said  county  shall  be  transacted  by  a 
board  of  county  commissioners.  Said  board  shall  consist  of  not 
less  than  three  and  not  more  than  five  members,  whose  terms  of 
office  shall  be  prescribed  by  law.  Said  board  shall  hold  sessions 
for  the  transaction  of  county  business  as  shall  be  provided  by 
law. 

Sec.  173.  At  the  first  general  election  held  after  the  adoption 
of  this  constitution,  and  every  two  years  thereafter,  there  shall  be 
elected  in  each  organized  county  in  the  state,  a  county  judge, 
clerk  of  court,  register  of  deeds,  county  auditor,  treasurer,  sheriff 
and  state's  attorney,  who  shall  be  electors  of  the  county  in  which 
tKey  are  elected,  and  who  shall  hold  their  office  until  their  suc- 
cessors are  elected  and  qualified.  The  legislative  assembly 
shall  provide  by  law  for  such  other  county,  township  and  dis- 
trict officers  as  may  be  deemed  necessary,  and  shall  prescribe 
the  duties  and  compensation  of  all  county,  township  and  district 
officers.  The  sheriff  and  treasurer  of  any  county  shall  not  hold 
their  respective  offices  for  more  than  four  years  in  succession. 


How  the 

State 

gets  its 

revenues 


ARTICLE  XI— Revenue  and  Taxation 

Sec.  174.  The  legislative  assembly  shall  provide  for  raising 
revenue  sufficient  to  defray  the  expenses  of  the  State  for  each 
year,  not  to  exceed  in  any  one  year  four  (4)  mills  on  the  dollar 


CONSTITUTION  OF  NORTH  DAKOTA 


of  the  assessed  valuation  of  all  taxable  property  in  the  State, 
to  be  ascertained  by  the  last  assessment  made  for  state  and 
county  purposes,  and  also  a  sufficient  sum  to  pay  the  interest 
on  the  state  debt. 

Sec.  175.  No  tax  shall  be  levied  except  in  pursuance  of  law, 
and  every  law  imposing  a  tax  shall  state  distinctly  the  object 
of  the  same,  to  which  only  it  shall  be  applied. 

Sec.  176.  Laws  shall  be  passed  taxing  by  uniform  rule  all 
property  according  to  its  true  value  in  money,~but  the  property 
of  the  United  States  and  the  state,  county  and  municipal  corpo- 
rations, both  real  and  personal,  shall  be  exempt  from  taxation, 
and  the  legislative  assembly  shall  by  a  general  law  exempt 
from  taxation  property  used  exclusively  for  school,  religious, 
cemetery  or  charitable  purposes  and  personal  property  to  any 
amount  not  exceeding  in  value  two  hundred  dollars  for  each 
individual  liable  to  taxation;  but  the  legislative  assembly  may, 
by  law,  provide  for  the  payment  of  a  per  centum  of  gross  earn- 
ings of  railroad  companies  to  be  paid  in  lieu  of  all  state,  county, 
township  and  school  taxes  on  property  exclusively  used  in  and 
about  the  prosecution  of  the  business  of  such  companies  as  com- 
mon carriers,  but  no  real  estate  of  said  corporations  shall  be 
exempted  from  taxation,  in  the  same  manner,  and  on  the  same 
basis  as  other  real  estate  is  taxed,  except  road-bed,  right  of  way, 
shops  and  buildings  used  exclusively  in  their  business  as  com- 
mon carriers,  and  whenever  and  so  long  as  such  law  providing 
for  the  payment  of  a  per  centum  on  earnings  shall  be  in  force, 
that  part  of  section  179  of  this  article  relating  to  assessment  of 
railroad  property  shall  cease  to  be  in  force. 

Note. — Addenda  to  section  176,  adopted  in  1905.    Amendment  4. 

Sec.  177.  All  improvements  on  land  shall  be  assessed  in 
accordance  with  section  179,  but  plowing  shall  not  be  consid- 
ered as  an  improvement  or  add  to  the  value  of  land  for  the  pur- 
pose of  assessment. 

Sec.  178.  The  power  of  taxation  shall  never  be  surrendered 
or  suspended  by  any  grant  or  contract  to  which  the  State  or  any 
county  or  other  municipal  corporation  shall  be  a  party. 

Sec.  179.  All  property,  except  as  hereinafter  in  this  section 
provided,  shall  be  assessed  in  the  county,  city,  township,  town, 
village  or  district  in  which  it  is  situated,  in  the  manner  prescribed 
by  law.  The  franchise,  roadway,  road-bed,  rails,  and  rolling 
stock  of  all  railroads  operated  in  this  State  shall  be  assessed  by 
the  state  board  of  equalization  at  their  actual  value  and  such 
assessed  valuation  shall  be  apportioned  to  the  counties,  cities, 
towns,  townships  and  districts  in  which  said  roads  are  located, 
as  a  basis  for  taxation  of  such  property  in  proportion  to  the 


Tax  acts 
explicit 


All  prop- 
erty taxed 
uniformly, 
but   cer- 
tain ex- 
emptions 
made 


Gross 
earnings 
of  railroads 
may  be 
taxed 


Improve- 
ments on 
land  taxed 


Taxing 
power 
cannot  be 
surren- 
dered 
Property 
assessed 
where 
located 


How  rail- 
road prop- 
erty  is  as- 


Ixiv 


APPENDIX  D 


number  of  miles  of  railway  laid  in  such  counties,  cities,  towns, 
townships  and  districts. 

Note. — This  section  amended  by  Article  4,  amendments  to  the  constitu- 
tion. 

Poll  tax  Sec.  180.  The  legislative  assembly  may  provide  for  the  levy, 
collection  and  disposition  of  an  annual  poll  tax  of  not  more  than 
one  dollar  and  fifty  cents  on  every  male  inhabitant  of  this  State 
over  twenty-one  and  under  fifty  years  of  age,  except  paupers, 
idiots,  insane  persons  and  Indians  not  taxed. 

Sec.  181.     The  legislative  assembly  shall  pass  all  laws  neces- 
sary to  carry  out  the  provisions  of  this  article. 


State  may 
borrow 
money 

Debt  limit 


How  state 

debts  are 

paid 


Debt  limit 
exceeded 


Local  gov- 
ernments 
may  also 
borrow 
money 


Debt 
limited 


ARTICLE  XII— Public  Debt  and  Public  Works 

Sec.  182.  The  State  may,  to  meet  casual  deficits  or  failure 
in  the  revenue  or  in  case  of  extraordinary  emergencies  contract 
debts,  but  such  debts  shall  never  in  the  aggregate  exceed  the 
sum  of  $200,000,  exclusive  of  what  may  be  the  debt  of  North 
Dakota  at  the  time  of  the  adoption  of  this  constitution.  Every 
such  debt  shall  be  authorized  by  law  for  certain  purposes  to  be 
definitely  mentioned  therein,  and  every  such  law  shall  provide 
for  levying  an  annual  tax  sufficient  to  pay  the  interest  semi- 
annually,  and  the  principal  within  thirty  years  from  the  pas- 
sage of  such  law,  and  shall  specially  appropriate  the  proceeds  of 
such  tax  to  the  payment  of  said  principal  and  interest,  and  such 
appropriation  shall  not  be  repealed  nor  the  tax  discontinued 
until  such  debt,  both  principal  and  interest,  shall  have  been 
fully  paid.  No  debt  in  excess  of  the  limit  named  shall  be  in- 
curred except  for  the  purpose  of  repelling  invasion,  suppressing 
insurrection,  defending  the  State  in  time  of  war,  or  to  provide 
for  public  defense  in  case  of  threatened  hostilities;  but  the  issuing 
of  new  bonds  to  refund  existing  indebtedness,  shall  not  be  con- 
strued to  be  any  part  or  portion  of  said  $200,000. 

Sec.  183.  The  debt  of  any  county,  township,  city,  town, 
school  district  or  any  other  political  subdivision,  shall  never 
exceed  five  (5)  per  centum  upon  the  assessed  value  of  the  taxable 
property  therein;  provided,  that  any  incorporated  city  may  by 
a  two-thirds  vote,  increase  such  indebtedness  three  per  centum 
on  such  assessed  value  beyond  said  five  per  cent  limit.  In 
estimating  the  indebtedness  which  a  city,  county,  township, 
school  district  or  any  other  political  subdivision  may  incur,  the 
entire  amount  of  existing  indebtedness,  whether  contracted  prior 
or  subsequent  to  the  adoption  of  this  constitution  shall  be  in- 
cluded; provided,  further,  that  any  incorporated  city  may  become 
indebted  in  any  amount  not  exceeding  four  per  centum  on  such 
assessed  value  without  regard  to  the  existing  indebtedness  of 


CONSTITUTION  OF  NORTH  DAKOTA 


Ixv 


such  city,  for  the  purpose  of  constructing  or  purchasing  water 
works  for  furnishing  a  supply  of  water  to  the  inhabitants  of 
such  city,  or  for  the  purpose  of  constructing  sewers,  and  for 
no  other  purpose  whatever.  All  bonds  or  obligations  in  excess 
of  the  amount  of  indebtedness  permitted  by  this  constitution, 
given  by  any  city,  county,  township,  town,  school  district  or 
any  other  political  subdivision,  shall  be  void. 

Sec.  184.  Any  city,  county,  township,  town,  school  district 
or  any  other  political  subdivision  incurring  indebtedness  shall 
at  or  before  the  time  of  so  doing,  provide  for  the  collection  of 
an  annual  tax  sufficient  to  pay  the  interest  and  also  the  principal 
thereof  when  due,  and  all  laws  or  ordinances  providing  for  the 
payment  of  the  interest  or  principal  of  any  debt  shall  be  irrepeal- 
able  until  such  debt  be  paid. 

Sec.  185.  Neither  the  State,  nor  any  county,  city,  township, 
town,  school  district  or  any  other  political  subdivision  shall  loan 
or  give  its  credit  or  make  donations  to  or  in  aid  of  any  individual, 
association  or  corporation,  except  for  necessary  support  of  the 
poor,  nor  subscribe  to  or  become  the  owner  of  the  capital  stock 
of  any  association  or  corporation,  nor  shall  the  State  engage  in 
any  work  of  internal  improvement  unless  authorized  by  a  two- 
thirds  vote  of  the  people. 

Sec.  186.  No  money  shall  be  paid  out  of  the  state  treasury 
except  upon  appropriation  by  law  and  on  warrant  drawn  by  the 
proper  officer,  and  no  bills,  claims,  accounts  or  demands  against 
the  State  or  any  county  or  other  political  subdivision,  shall  be 
audited,  allowed  or  paid  until  a  full,  itemized  statement  in 
writing  shall  be  filed  with  the  officer  or  officers  whose  duty  it 
may  be  to  audit  the  same. 

Sec.  187.  No  bond  or  evidence  of  indebtedness  of  the  State 
shall  be  valid  unless  the  same  shall  have  endorsed  thereon  a 
certificate  signed  by  the  auditor  and  secretary  of  state,  showing 
that  the  bond  or  evidence  of  debt  is  issued  pursuant  to  law  and 
is  within  the  debt  limit.  No  bond  or  evidence  of  debt  of  any 
county,  or  bond  of  any  township  or  other  political  subdivision 
shall  be  valid  unless  the  same  have  endorsed  thereon  a  certifi- 
cate signed  by  the  county  auditor,  or  other  officer  authorized  by 
law  to  sign  such  certificate,  stating  that  said  bond,  or  evidence 
of  debt  is  issued  pursuant  to  law  and  is  within  the  debt  limit. 


Debt  limit 
extended 
in  cities 


Local  gov- 
ernments 
must  pay 
their  debts 


State  shall 
not  aid 
individuals 
financially 


State 
subsidies 


"Appro- 
priations 
necessary 
before  pay- 
ing out 
money 


Legalizing 

state 

debts 


ARTICLE  XIII— Militia 

Sec.  188.  The  militia  of  this  State  shall  consist  of  all  able 
bodied  male  persons  residing  in  the  State,  between  the  ages  of 
eighteen  and  forty-five  years,  except  such  as  may  be  exempted 
by  the  laws  of  the  United  States  or  of  this  State.  Persons  whose 


State 
militia 


Ixvi 


APPENDIX  D 


Militia 
organiza- 


Authorized 
volunteers 


Militia 
officers 

Officers 
commis- 
sioned by 
governor 

Militia 

free  from 

arrest 


religious  tenets  or  conscientious  scruples  forbid  them  to  bear 
arms  shall  not  be  compelled  to  do  so  in  times  of  peace,  but  shall 
pay  an  equivalent  for  a  personal  service. 

Sec.  189.  The  militia  shall  be  enrolled,  organized,  uniformed, 
armed  and  disciplined  in  such  a  manner  as  shall  be  provided  by 
law,  not  incompatible  with  the  constitution  or  laws  of  the  United 
States. 

Sec.  190.  The  legislative  assembly  shall  provide  by  law  for 
the  establishment  of  volunteer  organizations  of  the  several  arms 
of  the  service  which  shall  be  classed  as  active  militia;  and  no 
other  organized  body  of  armed  men  shall  be  permitted  to  per- 
form military  duty  in  this  State  except  the  army  of  the  United 
States,  without  the  proclamation  of  the  governor  of  the  State. 

Sec.  191.  All  militia  officers  shall  be  appointed  or  elected  in 
such  a  manner  as  the  legislative  assembly  shall  provide. 

Sec.  192.  The  commissioned  officers  of  the  militia  shall  be 
commissioned  by  the  governor,  and  no  commissioned  officer  shall 
be  removed  from  office  except  by  sentence  of  court  martial, 
pursuant  to  law. 

Sec.  193.  The  militia  forces  shall  in  all  cases,  except  treason, 
felony  or  breach  of  the  peace,  be  privileged  from  arrest  during 
their  attendance  at  musters,  parades  and  elections  of  officers,  and 
in  going  to  and  returning  from  the  same. 


Power  of 
impeach- 
ment 

Senate 
tries  im- 
peach- 
ments 


Two-thirds 
vote  nec- 

'          essary 

Governor 

may  be 

impeached 


ARTICLE  XIV— Impeachment  and  Removal  from  Office 

Sec.  194.  The  house  of  representatives  shall  have  the  sole 
power  of  impeachment.  The  concurrence  of  a  majority  of  all 
members  elected  shall  be  necessary  to  an  impeachment. 

Sec.  195.  All  impeachments  shall  be  tried  by  the  senate. 
When  sitting  for  that  purpose  the  senators  shall  be  upon  oath 
or  affirmation  to  do  justice  according  to  the  law  and  evidence. 
No  person  shall  be  convicted  without  the  concurrence  of  two 
thirds  of  the  members  elected.  When  the  governor  or  lieutenant 
governor  is  on  trial  the  presiding  judge  of  the  supreme  court  shall 
preside. 

Sec.  196.  The  governor  and  other  state  and  judicial  officers 
except  county  judges,  justices  of  the  peace  and  police  magistrates, 
shall  be  liable  to  impeachment  for  habitual  drunkenness,  crimes, 
corrupt  conduct,  or  malfeasance  or  misdemeanor  in  office,  but 
judgment  in  such  cases  shall  not  extend  further  than  removal 
from  office  and  disqualification  to  hold  any  office  of  trust  or 
profit  under  the  State.  The  person  accused,  whether  convicted 
or  acquitted,  shall  nevertheless  be  liable  to  indictment,  trial, 
judgment  and  punishment  according  to  law. 

Sec.   197.     All  officers  not  liable  to  impeachment,  shall  be 


CONSTITUTION  OF  NORTH  DAKOTA 


Ixvii 


subject  to  removal  for  misconduct,  malfeasance,  crime  or  mis- 
demeanor in  office,  or  for  habitual  drunkenness  or  gross  incom- 
petency  in  such  manner  as  may  be  provided  by  law. 

Sec.  198.  No  officer  shall  exercise  the  duties  of  his  office  after 
he  shall  have  been  impeached  and  before  his  acquittal. 

Sec.  199.  On  trial  of  impeachment  against  the  governor,  the 
lieutenant  governor  shall  not  act  as  a  member  of  the  court. 

Sec.  200.  No  person  shall  be  tried  on  impeachment  before 
he  shall  have  been  served  with  a  copy  thereof,  at  least  twenty 
days  previous  to  the  day  set  for  trial. 

Sec.  201.  No  person  shall  be  liable  to  impeachment  twice 
for  the  same  offense. 


Officials 
may  be 
removed 


Impeach- 
ment of 
governor 


Only  one 
impeach- 
ment 


ARTICLE  XV— Future  Amendments 

Sec.  202.  Any  amendment  or  amendments  to  this  constitu- 
tion may  be  proposed  in  either  house  of  the  legislative  assembly; 
and  if  the  same  shall  be  agreed  to  by  a  majority  of  the  members 
elected  to  each  of  the  two  houses,  such  proposed  amendment 
shall  be  entered  on  the  journal  of  the  house  with  the  yeas  and 
nays  taken  thereon,  and  referred  to  the  legislative  assembly  to 
be  chosen  at  the  next  general  election,  and  shall  be  published,  as 
provided  by  law,  for  three  months  previous  to  the  time  of  making 
such  choice,  and  if  in  the  legislative  assembly  so  next  chosen  as 
aforesaid  such  proposed  amendment  or  amendments,  shall  be 
agreed  to  by  a  majority  of  all  the  members  elected  to  each 
house,  then  it  shall  be  the  duty  of  the  legislative  assembly  to  sub- 
mit such  proposed  amendment  or  amendments  to  the  people  in 
such  manner  and  at  such  time  as  the  legislative  assembly  shall 
provide;  and  if  the  people  shall  approve  and  ratify  such  amend- 
ment or  amendments  by  a  majority  of  the  electors  qualified  to 
vote  for  members  of  the  legislative  assembly  voting  thereon, 
such  amendment  or  amendments  shall  become  a  part  of  the 
constitution  of  this  State.  If  two  or  more  amendments  shall  be 
submitted  at  the  same  time  they  shall  be  submitted  in  such 
manner  that  the  electors  shall  vote  for  or  against  each  of  such 
amendments  separately. 


How  state 
constitu- 
tion may 
be  amend- 
ed 


Amend- 
ments 
must   be 
ratified .  by 
the  people 


ARTICLE  XVI— Compact  With  the  United  States 

Sec.  203.  The  following  article  shall  be  irrevocable  without 
the  consent  of  the  United  States  and  the  people  of  this  State: 

First.  Perfect  toleration  of  religious  sentiment  shall  be  se- 
cured, and  no  inhabitant  of  this  State  shall  ever  be  molested  in 
person  or  property  on  account  of  his  or  her  mode  of  religious 
worship. 

Govt.  No.  Dak.— 25 


Religious 
liberty 


Ixviii 


APPENDIX  D 


'lie'  lands 


state 
debts 


Second.  The  people  inhabiting  this  State  do  agree  and  de- 
clare that  they  forever  disclaim  all  right  and  title  to  the  unappro- 
priated public  lands  lying  within  the  boundaries  thereof,  and  to 
all  lands  within  said  limits  owned  or  held  by  any  Indian  or  Indian 
tribes,  and  that  until  the  title  thereto  shall  have  been  extin- 
guished by  the  United  States,  the  same  shall  be  and  remain  sub- 
ject to  the  disposition  of  the  United  States,  and  that  said  Indian 
lands  shall  remain  under  the  absolute  jurisdiction  and  control 
of  the  congress  of  the  United  States;  that  the  lands  belonging 
to  citizens  of  the  United  States  residing  without  this  State  shall 
never  be  taxed  at  a  higher  rate  than  the  lands  belonging  to  resi- 
dents of  this  State:  that  no  taxes  shall  be  imposed  by  this  State 
on  lands  or  property  therein,  belonging  to,  or  which  may  here- 
after be  purchased  by  the  United  States,  or  reserved  for  its  use. 
But  nothing  in  this  article  shall  preclude  this  State  from  taxing 
as  other  lands  are  taxed,  any  lands  owned  or  held  by  any  Indian 
who  has  severed  his  tribal  relations,  and  has  obtained  from  the 
United  States  or  from  any  person,  a  title  thereto,  by  patent  or 
other  grant  save  and  except  such  lands  as  have  been  or  may  be 
granted  to  any  Indian  or  Indians  under  any  acts  of  congress 
containing  a  provision  exempting  the  lands  thus  granted  from 
taxation,  which  last  mentioned  lands  shall  be  exempt  from  taxa- 
tion so  long,  and  to  such  an  extent,  as  is,  or  may  be  provided  in 
the  act  of  congress  granting  the  same. 

Third.  In  order  that  payment  of  the  debts  and  liabilities 
contracted  or  incurred  by  and  on  behalf  of  the  territory  of  Da- 
k0ta  may  be  justly  and  equitably  provided  for  and  made,  and 
in  pursuance  of  the  requirements  of  an  act  of  congress  approved 
February  22,  1889,  entitled  "  An  act  to  provide  for  the  division 
of  Dakota  into  two  States  and  to  enable  the  people  of  North 
Dakota,  South  Dakota,  Montana  and  Washington  to  form  con- 
ptitutions  and  state  governments  and  to  be  admitted  into  the 
union  on  an  equal  footing  with  the  original  States  and  to  make 
donations  of  public  lands  to  such  States,"  the  States  of  North 
Dakota  and  South  Dakota,  by  proceedings  of  a  joint  commission, 
duly  appointed  under  said  act,  the  sessions  whereof  were  held  at 
Bismarck,  in  said  State  of  North  Dakota,  from  July  16,  1889,  to 
July  31,  1889,  inclusive,  have  agreed  to  the  following  adjustment 
of  the  amounts  of  the  debts  and  liabilities  of  the  territory  of 
Dakota  which  shall  be  assumed  and  paid  by  each  of  the  States  of 
North  Dakota  and  South  Dakota,  respectively,  to  wit: 

This  agreement  shall  take  effect  and  be  in  force  from  and 
after  the  admission  into  the  union  as  one  of  the  United  States  of 
America,  of  either  the  State  of  North  Dakota  or  the  State  of 
South  Dakota. 

The  words  "State  of  North  Dakota,"  wherever  used  in  this 


CONSTITUTION  OF  NORTH  DAKOTA 


Ixix 


agreement,  shall  be  taken  to  mean  the  territory  of  North  Dakota 
in  case  the  State  of  South  Dakota  shall  be  admitted  into  the  union 
prior  to  the  admission  into  the  union  of  the  State  of  North  Da- 
kota; and  the  words  "State  of  South  Dakota,"  wherever  used  in 
this  agreement,  shall  be  taken  to  mean  the  territory  of  South 
Dakota  in  case  the  State  of  North  Dakota  shall  be  admitted  into 
the  union  prior  to  the  admission  into  the  union  of  the  State  of 
South  Dakota. 

The  said  State  of  North  Dakota  shall  assume  and  pay  all  bonds 
issued  by  the  territory  of  Dakota  to  provide  funds  for  the  pur- 
chase, construction,  repairs  or  maintenance  of  such  public 
institutions,  grounds  or  buildings  as  are  located  within  the  bound- 
aries of  North  Dakota,  and  shall  pay  all  warrants  issued  under 
and  by  virtue  of  that  certain  act  of  the  legislative  assembly  of 
the  territory  of  Dakota,  approved  March  8,  1889,  entitled  "An 
act  to  provide  for  the  refunding  of  outstanding  warrants  drawn 
on  the  capitol  building  fund." 

The  State  of  South  Dakota  shall  assume  and  pay  all  bonds 
issued  by  the  territory  of  Dakota  to  provide  funds  for  the  pur- 
chase, construction,  repairs  or  maintenance  of  such  public  insti- 
tutions, grounds  or  buildings  as  are  located  within  the  boundaries 
of  South  Dakota. 

That  is  to  say:  The  State  of  North  Dakota  shall  assume  and 
pay  the  following  bonds  and  indebtedness,  to  wit: 

Bonds  issued  on  account  of  the  hospital  for  insane  at  James- 
town, North  Dakota,  the  face  aggregate  of  which  is  $266,000; 
also  bonds  issued  on  account  of  the  North  Dakpta  university  at 
Grand  Forks,  North  Dakota,  the  face  aggregate  of  which  is 
$96,700;  also,  bonds  issued  on  account  of  the  penitentiary  at 
Bismarck,  North  Dakota,  the  face  aggregate  of  which  is  $93,600; 
also,  refunding  capitoi  building  warrants  dated  April  1,  1889, 
$83,507.46. 

And  the  State  of  South  Dakota  shall  assume  and  pay  the  fol- 
lowing bonds  and  indebtedness,  to  wit: 

Bonds  issued  on  account  of  the  hospital  for  the  insane  at 
Yankton,  South  Dakota,  the  face  aggregate  of  which  is  $210,000; 
also,  bonds  issued  on  account  of  the  school  for  deaf  mutes  at 
Sioux  Falls,  South  Dakota,  the  face  aggregate  of  which  is  $51,000; 
also,  bonds  issued  on  account  of  the  university  at  Vermillion, 
South  Dakota,  the  face  aggregate  of  which  is  $75,000;  also,  bonds 
issued  on  account  of  the  penitentiary  at  Sioux  Falls,  South 
Dakota,  the  face  aggregate  of  which  is  $94,300;  also,  bonds 
issued  on  account  of  the  agricultural  college  at  Brookings,  South 
Dakota,  the  face  aggregate  of  which  is  $97,500;  also,  bonds 
issued  on  account  of  the  normal  school  at  Madison,  South  Dakota, 
the  face  aggregate  of  which  is  $49,400;  also,  bonds  issued  on 


Territory 

became 

State 


State  as- 
sumes 
territory's 
debts 


Amount  of 
debts 
taken 
over  by 
the  State 


Ixx 


APPENDIX  D 


Division  of 
debts  be- 
tween 
North  and 
South 
Dakota 


Final  ad- 
justment 
of  debts 


account  of  the  school  of  mines  at  Rapid  City,  South  Dakota,  the 
face  aggregate  of  which  is  $33,000;  also,  bonds  issued  on  account 
of  the  reform  school  at  Plankinton,  South  Dak,ota,  the  face 
aggregate  of  which  is  $30,000;  also,  bonds  issued  on  account  of 
the  normal  school  at  Spearfish,  South  Dakota,  the  face  aggregate 
of  which  is  $25,000;  also,  bonds  issued  on  account  of  the  soldiers' 
home  at  Hot  Springs,  South  Dakota,  the  face  aggregate  of  which 
is  $45,000. 

The  States  of  North  Dakota  and  South  Dakota  shall  pay  one 
half  each  of  all  liabilities  now  existing  or  hereafter  and  prior  to 
the  taking  effect  of  this  agreement  incurred,  except  those  hereto- 
fore or  hereafter  incurred  on  account  of  public  institutions, 
grounds  or  buildings,  except  as  otherwise  herein  specifically 
provided. 

The  State  of  South  Dakota  shall  pay  to  the  State  of  North 
Dakota  $46,500,  on  account  of  the  excess  of  territorial  appropria- 
tions for  the  permanent  improvement  of  territorial  institutions 
which  under  this  agreement  will  go  to  South  Dakota,  and  in  full 
of  the  undivided  one-half  interest  of  North  Dakota  in  the  terri- 
torial library,  and  in  full  settlement  of  unbalanced  accounts,  and 
of  all  claims  against  the  territory  of  whatever  nature,  legal  or 
equitable,  arising  out  of  the  alleged  erroneous  or  unlawful  taxa- 
tion of  Northern  Pacific  railroad  lands,  and  the  payment  of  said 
amount  shall  discharge  and  exempt  the  State  of  South  Dakota 
from  all  liability  for  or  on  account  of  the  several  matters  herein- 
before referred  to;  nor  shall  either  State  be  called  upon  to  pay  or 
answer  to  any  portion  of  liability  hereafter  arising  or  accruing 
on  account  of  transactions  heretofore  had,  which  liability  would 
be  a  liability  of  the  territory  of  Dakota  had  such  territory  re- 
mained in  existence,  and  which  liability  shall  grow  out  of  matters 
connected  with  any  public  institutions,  grounds  or  buildings  of 
the  territory  situated  or  located  within  the  boundaries  of  the 
other  State. 

A  final  adjustment  of  accounts  shall  be  made  upon  the  follow- 
ing basis:  North  Dakota  shall  be  charged  with  all  sums  paid  on 
account  of  the  public  institutions,  grounds  or  buildings  located 
within  its  boundaries  on  account  of  the  current  appropriations 
since  March  9,  1889;  and  South  Dakota  shall  be  charged  with  all 
sums  paid  on  account  of  public  institutions,  grounds  or  buildings 
located  within  its  boundaries  on  the  same  account  and  during 
the  same  time.  Each  State  shall  be  charged  with  one  half  of  all 
other  expenses  of  the  territorial  government  during  the  same 
time.  All  moneys  paid  into  the  treasury  during  the  period  from 
March  8,  1889,  to  the  time  of  taking  effect  of  this  agreement  by 
any  county,  municipality  or  person,  within  the  limits  of  the  pro- 
posed State  of  North  Dakota,  shall  be  credited  to  the  State  of 


CONSTITUTION  OF  MORTH  DAKOTA  Ixxi 

North  Dakota,  and  all  sums  paid  into  said  treasury  within  the 
same  time  by  any  county,  municipality  or  person  within  the 
limits  of  the  proposed  State  of  South  Dakota  shall  be  credited  to 
the  State  of  South  Dakota,  except  that  any  and  all  taxes  on  gross 
earnings  paid  into  said  treasury  by  railroad  corporations,  since 
the  8th  day  of  March,  1889,  based  upon  earnings  of  years  prior 
to  1888,  under  and  by  virtue  of  the  act  of  the  legislative  assembly 
of  the  territory  of  Dakota,  approved  March  7,  1889,  and  entitled 
"An  act  providing  for  the  levy  and  collection  of  taxes  upon 
property  of  railroad  companies  in  this  territory,"  being  chapter 
107  of  the  session  laws  of  1889  (that  is,  the  part  of  sucn  vsums 
going  to  the  territory),  shall  be  equally  divided  between  the 
States  of  North  Dakota  and  South  Dakota,  and  all  taxes  hereto- 
fore or  hereafter  paid  into  said  treasury  under  and  by  virtue  of 
the  act  last  mentioned,  based  upon  the  gross  earnings  of  the 
year  1888,  shall  be  distributed  as  already  provided  by  law,  ex- 
cept that  so  much  thereof  as  goes  to  the  territorial  treasury 
shall  be  divided  as  follows:  North  Dakota  shall  have  so  much 
thereof  as  shall  be  or  has  been  paid  by  railroads  within  the  limits 
of  the  proposed  State  of  North  Dakota,  and  South  Dakota  so 
much  thereof  as  shall  be  or  has  been  paid  by  railroads  within  the 
limits  of  the  proposed  State  of  South  Dakota;  each  State  shall  be 
credited  also  with  all  balances  of  appropriations  made  by  the 
seventeenth  legislative  assembly  of  the  territory  of  Dakota  for 
the  account  of  the  public  institutions,  grounds  or  buildings 
situated  within  its  limits  remaining  unexpended  on  March  8, 
1889.  If  there  shall  be  any  indebtedness  except  the  indebted- 
ness represented  by  the  bonds  and  refunding  warrants  herein- 
before mentioned,  each  State  shall,  at  the  time  of  such  final  ad- 
justment of  accounts,  assume  its  share  of  said  indebtedness  as 
determined  by  the  amount  paid  on  account  of  the  public  institu- 
tions, grounds  or  buildings  of  such  State  in  excess  of  the  receipts 
from  counties,  municipalties,  railroad  corporations  or  persons 
within  the  limits  of  said  State  as  provided  in  this  article;  and  if 
there  should  be  a  surplus  at  the  time  of  such  final  adjustment, 
each  State  shall  be  entitled  to  the  amounts  received  from  coun- 
ties, municipalities,  railroad  corporations  or  persons  within  its 
limits  over  and  above  the  amount  charged  it.  And  the  State  of 
North  Dakota  hereby  obligates  itself  to  pay  such  part  of  the 
debts  and  liabilities  of  the  territory  of  Dakota  as  is  declared  by 
the  foregoing  agreement  to  be  its  proportion  thereof,  the  same  as 
if  such  proportion  had  been  originally  created  by  said  State  of 
North  Dakota  as  its  own  debt  or  liability. 

Sec.  204.     Jurisdiction  is  ceded  to  the  United  States  over  the    U.S 
military  reservations  of  Fort  Abraham  Lincoln,  Fort  Buford, 
Fort  Pembina  and  Fort  Totten,  heretofore  declared  by  the  presi- 


Ixxii 


APPENDIX  D 


U.  S.   gov- 
ernment 
grants 
land  to 
State 


dent  of  the  United  States;  provided,  legal  process,  civil  and  crimi- 
nal, of  this  State,  shall  extend  over  such  reservations  in  all  cases 
in  which  exclusive  jurisdiction  is  not  vested  in  the  United  States, 
or  of  crimes  not  committed  within  the  limits  of  such  reserva- 
tions. 

Sec.  205.  The  State  of  North  Dakota  hereby  accepts  the 
several  grants  of  land  granted  by  the  United  States  to  the  State 
of  North  Dakota  by  an  act  of  congress,  entitled  "  An  act  to  pro- 
vide for  the  division  of  Dakota  into  two  States,  and  to  enable 
the  people  of  North  Dakota,  South  Dakota,  Montana  and  Wash- 
ington to  form  constitutions  and  state  governments,  and  to  be 
admitted  into  the  union  on  equal  footing  with  the  original  States, 
and  to  make  donations  of  public  lands  to  such  States,"  under  the 
conditions  and  limitations  therein  mentioned;  reserving  the  right, 
however,  to  apply  to  congress  for  modification  of  said  conditions 
and  limitations  in  case  of  necessity. 


Boundaries 

of  North 

Dakota 


Seal  of 

North 

Dakota 


ARTICLE  XVII— Miscellaneous 

Sec.  206.  The  name  of  this  State  shall  be  "  North  Dakota. " 
The  State  of  North  Dakota  shall  consist  of  all  the  territory 
included  within  tjie  following  boundary,  to  wit:  Commencing  at 
a  point  in  the  main  channel  of  the  Red  River  of  the  North, 
where  the  forty-ninth  degree  of  north  latitude  crosses  the  same; 
thence  south  up  the  main  channel  of  the  same  and  along  the 
boundary  line  of  the  State  of  Minnesota  to  a  point  where  the 
seventh  standard  parallel  intersects  the  same;  thence  west  along 
said  seventh  standard  parallel  produced  due  west  to  a  point 
where  it  intersects  the  twenty-seventh  meridian  of  longitude 
west  from  Washington;  thence  north  on  said  meridian  to  a 
point  where  it  intersects  the  forty-ninth  degree  of  north  latitude; 
thence  east  along  said  line  to  place  of  beginning. 

Sec.  207.  The  following  described  seal  is  hereby  declared  to 
be  and  hereby  constituted  the  great  seal  of  the  State  of  North 
Dakota,  to  wit:  A  tree  in  the  open  field,  the  trunk  of  which  is 
surrounded  by  three  bundles  of  wheat;  on  the  right  a  plow,  anvil 
and  sledge;  on  the  left,  a  bow  crossed  with  three  arrows,  and  an 
Indian  on  horseback  pursuing  a  buffalo  toward  the  setting  sun; 
the  foliage  of  the  tree  arched  by  a  half  circle  of  forty-two  stars, 
surrounded  by  the  motto  "  Liberty  and  Union  Now  and  Forever, 
One  and  Inseparable;"  the  words  "Great  Seal"  at  the  top,  the 
words  "State  of  North  Dakota"  at  the  bottom;  "October  1st" 
on  the  left,  and  "  1889  "  on  the  right.  The  seal  to  be  two  and 
one-half  inches  in  diameter. 

Sec.  208.  The  right  of  the  debtor  to  enjoy  the  comforts  and 
necessaries  of  life  shall  be  recognized  by  wholesome  laws  exempt- 


CONSTITUTION  OF  NORTH  DAKOTA 


Ixxiii 


ing  from  forced  sale  to  all  heads  of  families  a  homestead,  the 
value  of  which  shall  be  limited  and  defined  by  law;  and  a  reason- 
able amount  of  personal  property;  the  kind  and  value  shall  be 
fixed  by  law.  This  section  shall  not  be  construed  to  prevent 
liens  against  the  homestead  for  labor  done  and  materials  furnished 
in  the  improvement  thereof,  in  such  manner  as  may  be  prescribed 
by  law. 

Sec.  209.  The  labor  of  children  under  twelve  years  of  age 
shall  be  prohibited  in  mines,  factories  and  workshops  in  this  State. 

Sec.  210.  All  flowing  streams  and  natural  water  courses  shall 
forever  remain  the  property  of  the  State  for  mining,  irrigating  and 
manufacturing  purposes. 

Sec.  211.  Members  of  the  legislative  assembly  and  judicial 
departments,  except  such  inferior  officers  as  may  be  by  law 
exempted,  shall,  before  they  enter  on  the  duties  of  their  respect- 
ive offices,  take  and  subscribe  the  following  oath  or  affirmation: 
"  I  do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  I  will 
support  the  Constitution  of  the  United  States  and  the  Constitu- 
tion of  the  State  of  North  Dakota;  and  that  I  will  faithfully 
discharge  the  duties  of  the  office  of ac- 
cording to  the  best  of  my  ability,  so  help  me  God"  (if  an  oath), 
(under  pain  and  penalty  of  perjury,  if  an  affirmation),  and  no 
other  oath,  declaration  or  test  shall  be  required  as  a  qualification 
for  any  office  or  public  trust. 

Sec.  212.  The  exchange  of  "black  lists"  between  corpo- 
rations shall  be  prohibited. 

Sec.  213.  The  real  and  personal  property  of  any  woman  in 
this  State,  acquired  before  marriage,  and  all  property  to  which 
she  may  after  marriage  become  in  any  manner  rightfully  entitled, 
shall  be  her  separate  property  and  shall  not  be  liable  for  the 
debts  of  her  husband. 


Debtor's 
property 
protected 


Child  labor 
prohibited 

Flowing 
streams 
belong  to 
State 
Oath  of 
office 


"Black 
lists"  pro- 
hibited 
Woman's 
property 
rights 


ARTICLE  XVIII — Congressional  and  Legislative 
Apportionment 

[Omitted.  This  article  provides  for  a  temporary  division  of  the 
State  into  senatorial  districts.  Present  districts  are  formed  by 
the  legislative  assembly.] 


ARTICLE  XIX—  Public  Institutions 

Sec.  215.  The  following  public  institutions  of  the  State  are 
permanently  located  at  the  places  hereinafter  named,  each  to 
have  the  lands  specifically  granted  to  it  by  the  United  States, 
in  the  act  of  congress  approved  February  22,  1889,  to  be  dis- 
posed of  and  used  in  such  manner  as  the  legislative  assembly 


nsitu- 
tions 


Ixxiv 


APPENDIX  D 


State 
capitol 

State 
university 

Agricultur- 
al college 

State  nor- 
mal school 


Deaf  and 

dumb 

asylum 


Reform 
school 


State  nor- 
mal school 


Insane 
asylum 


Soldiers' 
home 


Blind 
asylum 


may  prescribe,  subject  to  the  limitations  provided  in  the  article 
on  school  and  public  lands  contained  in  this  constitution. 

First.  The  seat  of  government  at  the  city  of  Bismarck  in  the 
county  of  Burleigh. 

Second.  The  state  university  and  the  school  of  mines  at  the 
city  of  Grand  Forks,  in  the  county  of  Grand  Forks. 

Third.  The  agricultural  college  at  the  city  of  Fargo,  in  the 
county  of  Cass. 

Fourth.  A  state  normal  school  at  the  city  of  Valley  City,  in 
the  county  of  Barne.s;  and  the  legislative  assembly  in  apportion- 
ing the  grant  of  eighty  thousand  acres  of  land  for  normal  schools 
made  in  the  act  of  congress  referred  to  shall  grant  to  the  said 
normal  school  at  Valley  City,  as  aforementioned,  fifty  thousand 
(50,000)  acres,  and  said  lands  are  hereby  appropriated  to  said 
institution  for  that  purpose. 

Fifth.  The  deaf  and  dumb  asylum  at  the  city  of  Devils  Lake, 
in  the  county  of  Ramsey. 

Note. — See  Amendments,  Article  5. 

Sixth.  A  state  reform  school  at  the  city  of  Mandan,  in  the 
county  of  Morton. 

Seventh.  A  state  normal  school  at  the  city  of  Mayville,  in 
the  county  of  Traill,  and  the  legislative  assembly  in  apportion- 
ing the  grant  of  lands  made  by  congress  in  the  act  aforesaid, 
for  state  normal  schools,  shall  assign  thirty  thousand  (30,000) 
acres  to  the  institution  hereby  located  at  Mayville,  and  said 
lands  are  hereby  appropriated  for  said  purpose. 

Eighth.  A  state  hospital  for  the  insane  and  institution  for 
the  feeble  minded  in  connection  therewith,  at  the  city  of  James- 
town, in  the  county  of  Stutsman.  And  the  legislative  assembly 
shall  appropriate  twenty  thousand  acres  of  the  grant  of  lands 
made  by  the  act  of  congress  aforesaid  for  "  other  educational 
and  charitable  institutions"  to  the  benefit  and  for  the  endow- 
ment of  said  institution. 

Note. — See  Amendments,  Article  6. 

Sec.  216.  The  following  named  public  institutions  are  hereby 
permanently  located  as  hereinafter  provided,  each  to  have  so 
much  of  the  remaining  grant  of  one  hundred  and  seventy  thou- 
sand acres  of  land  made  by  the  United  States  for  "  other  edu- 
cational and  charitable  institutions,"  as  is  allotted  by  law,  viz: 

First.  A  soldiers'  home,  when  located,  or  such  other  charitable 
institution  as  the  legislative  assembly  may  determine,  at  Lisbon,  in 
the  county  of  Ransom,  with  a  grant  of  forty  thousand  acres  of  land. 

Second.  A  blind  asylum,  or  such  other  institution  as  the 
legislative  assembly  may  determine,  at  such  place  in  the  county 
of  Pembina  as  the  qualified  electors  of  said  county  may  determine 


CONSTITUTION  OF  NORTH  DAKOTA 


Ixxv 


at  an  election  to  be  held  as  prescribed  by  the  legislative  assembly, 
with  a  grant  of  thirty  thousand  acres. 

Third.  An  industrial  school  and  school  for  manual  training, 
or  such  other  educational  or  charitable  institution  as  the  legis- 
lative assembly  may  provide,  at  the  town  of  Ellendale,  in  the 
county  of  Dickey,  with  a  grant  of  forty  thousand  acres. 

Fourth.  A  school  of  forestry,  or  such  other  institution  as  the 
legislative  assembly  may  determine,  at  such  place  in  one  of  the 
counties  of  McHenry,  Ward,  Bottineau  or  Rolette,  as  the  electors 
of  said  counties  may  determine  by  an  election  for  that  purpose,  to 
be  held  as  provided  by  the  legislative  assembly. 

Fifth.  A  scientific  school,  or  such  other  educational  or  chari- 
table institution  as  the  legislative  assembly  may  prescribe,  at  the 
city  of  Wahpeton,  county  of  Richland,  with  a  grant  of  forty 
thousand  acres;  provided,  that  no  other  institution  of  a  character 
similar  to  any  one  of  those  located  by  this  article  shall  be  estab- 
lished or  maintained  without  a  revision  of  this  constitution. 

Note. — This  section  amended  by  Articles  5  and  6,  amendments  to  the 
constitution. 


Industrial 
school 


School  of 
forestry 


Scientific 
school 


ARTICLE  XX— Prohibition 

Sec.  217.  No  person,  association  or  corporation  shall  within 
this  State,  manufacture  for  sale  or  gift,  any  intoxicating  liquors, 
and  no  person,  association  or  corporation  shall  import  any  of  the 
same  for  sale  or  gift,  or  keep  or  sell  or  offer  the  same  for  sale, 
or  gift,  barter  or  trade  as  a  beverage.  The  legislative  assembly 
shall  by  law  prescribe  regulations  for  the  enforcement  of  the 
provisions  of  this  article  and  shall  thereby  provide  suitable 
penalties  for  the  violation  thereof. 


"Prohibi- 
tion " 


AMENDMENTS  TO  CONSTITUTION 


ARTICLE  I    (Adopted  1894) 

The  legislative  assembly  shall  have  no  power  to  authorize  lot- 
teries or  gift  enterprises  for  any  purpose  and  shall  pass  laws  to 
prohibit  the  sale  of  lottery  or  gift  enterprise  tickets. 


No  lot- 
teries al- 
lowed 


ARTICLE  II  (Adopted  1900) 
Sec.  121.     Every  male  person  of  the  age  of  twenty-one  years    Suffrage 

Whor 
vote? 


or  upwards,  belonging  to  either  of  the  following  classes,  who    Who  may 


shall  have  resided  in  the  State  for  one  year  and  in  the  county 
six  months,  and  in  the  precinct  ninety  days  next  preceding  any 
election,  shall  be  a  qualified  elector  at  such  election. 
First — Citizens  of  the  United  States. 


Citizens 


Ixxvi 


APPENDIX  D 


Civilized 
Indians 


Board  of 
pardons 


May  par- 
don— when 


property 
for  taxa- 
tion 


Second — Civilized  persons  of  Indian  descent,  who  shall  have 
severed  their  tribal  relations  two  years  next  preceding  such 
election. 

Sec.  127.  No  person  who  is  under  guardianship,  non  compos 
mentis  or  insane,  shall  be  qualified  to  vote  at  any  election;  nor 
any  person  convicted  of  treason  or  felony,  unless  restored  to 
civil  rights;  and  the  legislature  shall  by  law  establish  an  educa- 
tional test  as  a  qualification,  and  may  prescribe  penalties  for 
failing,  neglecting  or  refusing  to  vote  at  any  general  election. 

ARTICLE  III  (Adopted  1900) 

Sec.  76.  The  governor  shall  have  power  in  conjunction  with 
the  board  of  pardons,  of  which  the  governor  shall  be  ex  omcio  a 
member  and  the  other  members  of  which  shall  consist  of  the 
attorney  general  of  the  State  of  North  Dakota,  the  chief  justice 
of  the  supreme  court  of  the  State  of  North  Dakota,  and  two  quali- 
fied electors  who  shall  be  appointed  by  the  governor,  to  remit 
fines  and  forfeitures,  to  grant  reprieves,  commutations  and  par- 
dons after  conviction  for  all  offenses  except  treason  and  cases  of 
impeachment;  but  the  legislative  assembly  may  by  law  regulate 
the  manner  in  which  the  remission  of  fines,  pardons,  commuta- 
tions and  reprieves  may  be  applied  for.  Upon  conviction  of 
treason  the  governor  shall  have  the  power  to  suspend  the  execu- 
tion of  sentence  until  the  case  shall  be  reported  to  the  legislative 
assembly  at  its  next  regular  session,  when  the  legislative  assembly 
shall  either  pardon  or  commute  the  sentence,  direct  the  execution 
of  the  sentence  or  grant  further  reprieve.  The  governor  shall 
communicate  to  the  legislative  assembly  at  each  regular  session 
each  case  of  remission  of  fine,  reprieve,  commutation  or  pardon 
granted  by  the  board  of  pardons,  stating  the  name  of  the  con- 
vict, the  crime  for  which  he  is  convicted,  the  sentence  and  its' 
date  and  the  date  of  remission,  commutation,  pardon  or  reprieve, 
with  their  reasons  for  granting  the  same. 

ARTICLE  IV  (Adopted  1900) 

Sec.  179.  All  property,  except  as  hereinafter  in  this  section 
provided,  shall  be  assessed  in  the  county,  city,  township,  village 
or  district  in  which  it  is  situated,  in  the  manner  prescribed  by 
law.  The  franchise,  roadway,  roadbed,  rails  and  rolling  stock 
of  all  railroads,  and  the  franchise  and  all  other  property  of  all 
express  companies,  freight  line  companies,  car  equipment  com- 
panies, sleeping  car  companies,  dining  car  companies,  telegraph 
or  telephone  companies  or  corporations  operated  in  this  State 
and  used  directly  or  indirectly  in  the  carrying  of  persons,  prop- 
erty or  messages,  shall  be  assessed  by  the  state  board  of  equaliza- 


CONSTITUTION  OF  NORTH  DAKOTA 


Ixxvii 


tion  at  their  actual  value,  and  such  assessed  value  shall  be  appor- 
tioned to  the  counties,  cities,  towns,  villages,  townships  and 
districts  in  which  such  railroad  companies,  express  companies, 
sleeping  car  companies,  dining  car  companies,  telegraph  and 
telephone  companies  are  located,  or  through  which  they  are 
operated,  as  a  basis  for  the  taxation  of  such  property,  in  propor- 
tion to  the  number  of  miles  of  such  property,  within  such  coun- 
ties, cities,  towns,  villages,  townships  and  districts,  or  over  which 
any  part  of  such  property  is  used  or  operated  within  such  coun- 
ties, towns,  villages,  townships  and  districts,  But  should  any 
railroad  allow  any  portion  of  its  roadway  to  be  used  for  any 
purpose  other  than  the  operation  of  a  railroad  thereon,  such 
portion  of  its  roadway,  while  so  used,  shall  be  assessed  in  the 
manner  provided  for  the  assessment  of  other  real  property. 


railroads 
and  other 
public 
service 
corpora- 
tions 


ARTICLE  V  (Adopted  1904) 

Subdivision  5  of  section  215. 

Fifth.     The  school  for  the  deaf  and  dumb  of  North  Dakota, 
at  the  City  of  Devils  Lake,  in  the  county  of  Ramsey. 


Deaf  and 

dumb 

school 


ARTICLE  VI  (Adopted  1904) 

Subdivision  8  of  section  215. 

Eighth.  A  state  hospital  for  the  insane  at  the  city  of  James-  Insane 
town,  in  the  county  of  Stutsman.  And  the  legislative  assembly 
shall  appropriate  twenty  thousand  acres  of  the  grant  of  lands 
made  by  the  act  of  congress  aforesaid  for  "other  educational 
and  charitable  institutions,"  to  the  benefit  and  for  the  endow- 
ment of  said  institution,  and  there  shall  be  located  at  or  near 
the  city  of  Grafton,  in  the  county  of  Walsh,  an  institution  for 
the  feeble-minded,  on  the  grounds  purchased  by  the  secretary 
of  the  interior  for  a  penitentiary  building. 


Feeble- 
minded 


ARTICLE  VII  (Adopted  1904) 

Addenda  to  section  176: 

The  legislative  assembly  may  further  provide  that  grain  grown 
within  the  State  and  held  therein  in  elevators,  warehouses,  and 
granaries  may  be  taxed  at  a  fixed  rate. 


Taxing 
grain 


ARTICLE  VIII  (Adopted  1908) 

The  moneys  of  the  permanent  school  fund  and  other  educa- 
tional funds  shall  be  invested  only  in  bonds  of  school  corpora- 
tions or  of  counties,  or  of  townships,  or  of  municipalities  within 
the  State,  bonds  issued  for  the  construction  of  drains  under 
authority  of  law  within  the  State,  bonds  of  the  United  States 


Permanent 

school 

fund 

How  invest 


Ixxviii 


APPENDIX  D 


bonds  of  the  State  of  North  Dakota,  bonds  of  other  States;  pro- 
vided, such  States  have  never  repudiated  any  of  their  indebted- 
ness, or  on  first  mortgages  on  farm  lands  in  this  State,  not  exceed- 
ing in  amount,  one  third  of  the  actual  value  of  any  subdivision 
on  which  the  same  may  be  loaned,  such  value  to  be  determined 
by  the  board  of  appraisal  of  school  lands. 


Sale  of 
state 
lands 


Terms 


ARTICLE  IX  (Adopted  1908) 

Sec.  158.  Minimum  Price  of  State  Lands.  No  lands  shall 
be  sold  for  less  than  the  appraised  value  and  in  no  case  for  less 
than  ten  dollars  per  acre.  The  purchaser  shall  pay  one  fifth 
of  the  price  in  cash,  and  the  remaining  four  fifths  as  follows: 
One  fifth  in  five  years,  one  fifth  in  ten  years,  one  fifth  in  fifteen 
years  and  one  fifth  in  twenty  years,  with  interest  at  the  rate  of 
not  less  than  six  per  centum,  payable  annually  in  advance.  All 
sales  shall  be  held  at  the  county  seat  of  the  county  in  which  the 
land  to  be  sold  is  situate,  and  shall  be  at  public  auction  and  to 
the  highest  bidder,  after  sixty  days'  advertisement  of  the  same  in 
a  newspaper  of  general  circulation  in  the  vicinity  of  the  lands  to 
be  sold,  and  one  at  the  seat  of  government.  Such  lands  as  shall 
not  have  been  especially  subdivided  shall  be  offered  in  tracts  of 
one-quarter  section,  and  those  so  subdivided  in  the  smallest 
subdivisions.  All-  lands  designated  for  sale  and  not  sold  within 
two  years  after  appraisal,  shall  be  reappraised  before  they  are 
sold.  No  grant  or  patent  for  any  such  lands  shall  issue  until 
payment  is  made  for  the  same;  provided,  that  the  lands  con- 
tracted to  be  sold  by  the  State  shall  be  subject  to  taxation  from 
the  date  of  such  contract.  In  case  the  taxes  assessed  against 
any  of  said  lands  for  any  year  remain  unpaid  until  the  first  Mon- 
day in  October  of  the  following  year,  then  and  thereupon  the 
contracts  of  sale  of  such  lands  shall,  at  the  election  of  the  board 
of  university  and  school  lands,  become  null  and  void;  and  no 
such  contract  heretofore  made  shall  be  held  void  for  nonpayment 
of  taxes  accruing  on  the  lands  described  therein;  provided,  such 
taxes  shall  have  been  paid  before  this  amendment  takes  effect: 
provided,  further,  that  any  school  or  institution  land  that  may 
be  required  for  townsite  purposes  may  be  paid  for  at  any  time 
and  patent  issued  therefor. 


ARTICLE  X  (Adopted  1908) 

Supreme        Sec.  89.     The  Supreme  court  shall  consist  of  five  judges,  a 
court    majority  of  whom  shall  be  necessary  to  form  a  quorum  or  pro- 
Consist  of    nounce  a  decision;  but  one  or  more  of  said  judges  may  adjourn 
the  court  from  day  to  day  or  to  a  day  certain. 


five  judges 


APPENDIX  E 


STATE    EXECUTIVE    AND    ADMINISTRATIVE    OFFICERS,   BOARDS,   AND 
COMMISSIONS,  1910 


Name 

Num- 
ber 

Salary 

How 
Chosen 

Governor  

1 

$5,000 

elected 

Lieutenant  Governor     

1 

1  000 

elected 

Secretary  of  State  

1 

3,000 

elected 

Auditor 

3  000 

elected 

Treasurer 

3  000 

elected 

Superintendent  of  Public  Instruction 
Adjutant  General  

3,000 
1,800 

elected 
appointed 

Attorney-General 

3  600 

elected 

Assistant  Attorneys-General  
Commissioner    of    Agriculture    and 
Labor.  ...              

2 
1 

2,500  each 
3  000 

appointed 
elected 

Commissioners  of  Railways  

3 

2,000  each 

elected 

Commissioner  of  Insurance  
State  Engineer  

1 
1 

3,000 
2  500 

elected 
appointed 

Minnesota  Grain  Board  of  Appeals  .  . 
Game  and  Fish  Board  of  Control  .  .  . 
District  Game  Wardens  

Fish  Commissioner  

2 
5 
2 

1 

3,000  each 
$3  a  day 
Fixed  by  Game 
and  Fish  Board 
Fixed  by  Game 

appointed 
appointed 
appointed 

appointed 

and  Fish  Board 

North   Dakota   Conservation   Com- 
mission   
Board  of  Pardons 

5 
5 

15  a  day  for  two 

ex  officio 
mixed 

Banking  Board  

4 

appointed  mem- 
bers 

ex  officio 

Auditing  Board 

Q 

Board  of  Trustees  of  Public  Property 
Superintendent  of  Capitol  

3 
1 

Fixed  by  Trus- 

ex officio 
appointed 

State  Board  of  Canvassers  .  . 

5 

tees    of    Public 
Property 

ex  officio 

Ixxix 


Ixxx 


APPENDIX  E 


Name 

Num- 
ber 

Salary 

How 
Chosen 

Commissioners  of  Public  Printing.  . 
Emergency  Commission    .  .  . 

3 
3 



ex  officio 
ex  officio 

Board  of  Equalization  
Board    of    Experts    Indeterminate 
Sentence 

5 
4 

$5    a    day    for 
two     appointed 

ex  officio 
mixed 

Examiner  (Six  Deputy  Examiners) 

Board    of    University    and    School 
Lands 

7 
5 

members 
$3,000     ($1,800 
each  deputy) 

appointed 
ex  officio 

Land  Commissioner  *  

1 

$2,000 

appointed 

Oil  Inspector  
Hotel  Inspector  
Coal  Mine  Inspector  (State  Engineer) 
Directors  Good  Roads  Experiment 
Station  (under  Trustees  of  Public 
Property) 

1 
1 

1 

3 

2,500 
1,800 

appointed 
appointed 
ex  officio 

ex  officio 

State  High  School  Board  
High  School  Inspector  

Trustees  of  State  Institutions: 
Agricultural  College  
Blind   Asylum  
Deaf  and  Dumb  School  

5 
1 

7 
5 
5 

Fixed  by  High 
School  Board 

$3  a  day 
$3  a  day 
$3  a  day 

ex  officio 
appointed 

appointed 
appointed 
appointed 

Industrial   School  
Hospital  for  Insane  
Normal  Valley  City 

5 
5 
5 

$3  a  day 
$3  a  day 
$3  a  day 

appointed 
appointed 
appointed 

Normal,  Mayville  
Penitentiary  .  . 

5 
5 

$3  a  day 

$3  a  day 

appointed 
appointed 

Reform    School  
Soldiers'  Home  

5 
5 

$3  a  day 
$3  a  day 

appointed 
appointed 

State  University 

5 

$3  a  dav 

appointed 

School  of  Forestry  
Institution  for  Feeble-Minded  .... 
School  of  Science  
Superintendents   of   Demonstration 
Farms: 
Sanborn 
Bismarck 
New  Salem 
Beach 
Carrington 
Flaxton 

3 
5 

5 

12 

$3  a  day 

$3  a  day 
$3  a  day 

Fixed  by  Ag. 
College 

appointed 
appointed 
appointed 

appointed 

STATE  OFFICERS  AND  BOARDS 


Ixxxi 


Name 

Num- 
ber 

Salary 

How 

Chosen 

Superintendents  of  Demonstration 
Farms  —  cont. 
Page 
Bathgate 
Larimore 
Lakota 
Granville 
Ross 
Superintendents  of  Agricultural  Ex- 
periment Stations: 
Dickinson 
Williston 
Langdon 
Edgeley 
Hettinger 
Directors  Mining  Experiment  Sub- 
Station    (Trustees   of   University 

5 
0 

Fixed  by  Ag. 
College 

appointed 

Directors  of  Biological  Station  (Trus- 
tees and  biological  staff  of  Uni- 
versity 

9 

ex  officio 

State  Geologist.  .  .  . 

2 

$1  000  each 

ex  officio 

State  Historical  Society  Directors.  . 
Whitestone  Hills  Commission  

17 
3 

51,800    curator, 
$800  field  officer 

mixed 
appointed 

State  Library  Commission  

5 



mixed 

Director  of  Library  Extension 

1 

^ixed    by    Lib 

appointed 

State  Legislative  Reference  Libra- 
rian                 .... 

1 

Commission 
7"ixed    by    Lib 

appointed 

Tuberculosis  Sanitarium  Board  
Board  of  Health  .  .    .    .  .    . 

5 
3 

Commission 
53    a    day    for 
-wo     appointed 
members 
$1  200  Secre- 

mixed 
mixed 

Pure  Food  Commissioner 

1 

tary 
$500 

ex  officio 

Dairy  Commissioner  (and  Assistant 
Dairy  Commissioner)  

2 

$1  800    ($1  200 

appointed 

Director  Serum  Institute.  %  
Pure  Seed  Commissioner  

1 
1 

assistant) 
Fixed  by  Ag 

ex  officio 
appointed 

College 

Ixxxii 


APPENDIX  E 


Name 

Num- 
ber 

Salary 

How 
Chosen 

Stallion  Registration  Board  

5 

$3  a  day 

ex  officio 

Live  Stock  Sanitary  Board  
Live  Stock  Sanitary  Board  Execu- 
tive Officer         

5 
1 

$3  a  day 
Fixed  by  Board 

appointed 
appointed 

Examining  Boards: 

Q 

Pharmacy  ....                

5 

Secretary's  fixed 

appointed 

Medical 

9 

by  Board:  rest, 
$5  a  day 

appointed 

Dental  

5 

$5  a  day 

appointed 

Embalmers  

3 

appointed 

Optometry 

5 

$5  a  day 

appointed 

Barber    

3 

$3  a  day 

appointed 

Bar 

3 

$10  a  day 

appointed 

Osteopathic 

3 

Fixed  by  Board 

appointed 

APPENDIX  F 


TENTH  LEGISLATIVE  ASSEMBLY,  1907 


Table  1 — Occupation 


Occupation 


Senate    House       Total 


Farmers 8  59  67 

Lawyers 5  9  14 

Bankers 6  4  10 

Mercantile 8  10  18 

Implement  Dealers 3  2  5 

Real  Estate 2  3  5 

Stockmen 1  2  3 

Physicians 2  2 

Lumberman 1  1  2 

Druggists 1  1  2 

Hardware -  2  2 

Miner 1  1 

Miller -  1  1 

Abstractor 1  1 

Mfgr.  Sash  and  Doors 1  1 

Mfgr.  Brick '. 1  1 

Newspaper —  1  1 

Insurance -  1  1 

Scholar  and  Orator —  1  1 

Bridge  Builder -  1  1 

Contractor —  1  1 

Total 40          100  140 

Table  2 — Nationality,  Education,  and  Party 


Total 

Nationality 

Education 

Party 

Am. 
Born 

For. 
Born 

Com- 
mon 
School 
or  less 

High 
School 
or 
Acad'y 

Busi- 
ness 
Col- 
lege 

Nor- 
mal 

Col- 
lege 
or 
U. 

Dem. 

Rep. 

~33 

87 

Senate     40 
House    100 

18 
54 

22 

46 

24 
71 

6 
9 

1 

6 

1 

6 

8 
8 

7 
13 

Total     140 

72 

68 

95 

15 

7 

7 

16 

20 

120 

Average  age:  senators,  49  years;  representatives,  46  years. 
Govt.  No.  Dak.— 26  Ixxxiii 


Ixxxiv 


APPENDIX  F 


Occu 
Farmei 
Lawyei 
Banker 
Mercha 
Ranch* 
RealE 
Hardw 
Newspj 
,  Insurai 
1  Abstrai 
Plumbt 
Bridge 
Elevat( 
Dentist 
Comme 
Manufa 
Lumbe 
Sheep  1 
Miller. 
Contrac 
Druggi 
Other. 

i 

ELEVENTH  LEGISLATIVE  ASSEMBLY 
Table  3  —  Occupation 
pation                                                            Ser 

•S  14 

,  1909 

late    House 
43 
»             10 
9 
•              6 
3 
6 
3 
3 
3 
1 
1 
1 
1 
1 
2 
0 
0 

0 

2 
95 

Total 
57 
16 
16 
12 
3 
6 
5 
3 
4 

2 
2 
0 
1 
1 
1 
1 
6 

142 

*S  

£ 

•s  

7 

nts.  .  .  . 

£ 

;rs  .  . 

state 

a-re  and  Implements  
iper  

.  .     2 

ice  .... 
3tor  .  .     . 

1 

jr  

Builder 
)r  Owner 

rcial  Tra 
icturers  . 

velers 

2 

r  Dealer 
R,aiser 

.  .      1 

1 

jtor 

1 

1 

3t      ...     . 

] 

4 

Fetal.  .  . 

47 

Table  4—  Nationality 

Total   .     £ 

m.    For. 
>rn  Born 

Nor- 
way 

Can.  G 

er.  Set.  Er 

igSwe 

Ire.  E 

T~~ 
2 

3 

en  Ice.  B 

2       2 
2      2 

,us  'Rou. 

1          1 
1          1 

Senate 
House 

47      2 
95     4 

9       18 

8      47 

4 

17 

5 
10 

3      3     - 

2      3      5 

5      6      5 

2 
4 

Total 

142      7 

7      65 

21 

15 

Table  5  —  Education  and  Party 

Common 
or  less 

High 

Business 
College 

Normal 

College      T 
orlf. 

)em.     Re 

p.     Ind. 

Senate 
House 

29 
60 

5 
14 

2 

3 
5 

10 
14 

8        3 
6       8 

8          1 

8          1 

Total 

89 

19 

2 

8 

24 

14      12 

6          2 

Average   age:   senators,  49  years;   representatives,   44   years 

.     New 

members:  senate,  34;  house,  67. 


APPENDIX  G 

SIXTY-FIRST  CONGRESS  AND  ELECTORAL  VOTE  OF  THE  STATES 

House  of  Electoral 

States  Senate      Representatives          Vote 

Alabama 2  9  11 

Arkansas 2  7  9 

California 2  8  10 

Colorado 2  3  5 

Connecticut 2         .  5  7 

Delaware 2  1  3 

Florida 2  3  5 

Georgia ...;  2  11  13 

Idaho 2  1  3 

Illinois 2  25  27 

Indiana 2  13  15 

Iowa 2  11  13 

Kansas 2  8  10 

Kentucky 2  11  13 

Louisiana 2  7  9 

Maine 2  4  6 

Maryland 2  6  8 

Massachusetts 2  14  16 

Michigan 2  12  14 

Minnesota 2  9  11 

Mississippi 2  8  10 

Missouri 2  16  18 

Montana 2  1  3 

Nebraska 2  6  8 

Nevada 2  1  3 

New  Hampshire 2  2  4 

New  Jersey 2  10  12 

New  York 2  37  39 

North  Carolina 2  10  12 

North  Dakota 2  2  4 

Ohio 2  21  23 

Oklahoma 2  5  7 

Oregon 2  2  4 

Pennsylvania 2  32  34 

Ixxxv 


Ixxxvi  APPENDIX  G 

House  of          Electoral 
States  Senate       Representatives         Vote 

Rhode  Island 2  2  4 

South  Carolina 2  7  9 

South  Dakota 2  <      2  4 

Tennessee 2  10  12 

Texas 2  16  18 

Utah 2  1  3 

Vermont 2  2  4 

Virginia 2  10  12 

Washington 2  3  5 

West  Virginia 2  5  7 

Wisconsin 2  11  13 

Wyoming 2  1  3 

Total 92  391  483 

TERRITORIES 


Alaska 1 

Arizona 1 

Hawaii 1 

New  Mexico 1 


INDEX 


Adams,  John,  46,  62 

Adams,  J.  Q.,  63,  78 

Agricultural  College,  215,  216, 
308 

Agriculture,  Department  of,  Fed- 
eral, 90,  140;  State,  211 

Agriculture,  Federal  aid  to,  301 

Aids-de-camp,  203 

Aldrich,  Senator,  103 

Ambassadors,  78,  140 

Amendments  to  Federal  Constitu- 
tion, 57;  purpose  of,  162-166 

Amendments  to  State  Constitu- 
tion, 181,  196 

Anarchy,  26 

Annapolis,  87 

Appeal,  of  cases,  245-246 

Appellate  jurisdiction,  132,  238 

Aristocracy,  definition,  23;  ex- 
amples, 23 

Aristotle,  quoted,  15 

Armstrong,  quoted,  190 

Army,  81;  cost  of,  140 

Articles  of  Confederation,  42-44; 
text,  Appendix  A,  i 

Assessment,  of  property,  264; 
defects,  265;  of  corporations, 
305 

Assessors,  county,  258;  local, 
264 

Attorney-General,  Federal,  83; 
State,  204,  211 

Auditing  Board,  205 

Auditor,  State,  209;  county,  254 

Australian  ballot,  294 


Bad  Lands,  184 

Bail,  235 

Ballot,  294 

Banking,  149-153 

Banking  Board,  205 

Billings  County  courthouse,  250 

Bill  of  Rights,  172,  173 

Bills,  in  Congress,  120,  124;  in 
State  legislature,  definition,  222; 
Method  of  passing,  222;  number 
introduced,  225,  226 

Bimetallism,  146-147 

Bismarck,  capital,  192;  conven- 
tion at,  193-195 

Blind  Asylum,  215,  273 

Board  of  Equalization,  205,  206 

Board  of  Health,  262 

Board  of  Insanity,  272 

Board  of  Pardons,  205,  206 

Board  of  University  and  School 
Lands,  205;  composition  and 
work,  303 

Boards  and  Commissions,  212- 
214;  types  of,  213-214;  appoint- 
ive, 213;  ex  officio,  214;  mixed, 
214;  names  of,  Appendix  E, 
Ixxix 

Bonaparte,  quoted,  290 

Boss,  289,  290 

Boston  Tea  Party,  41 

Bribery,  175 

Bryan,  nomination  of,  63 

Bryce,  quoted,  20,  30,  60,  65,  99, 
106,  108,  121-124,  222,  231-232, 
288 


Ixxxvii 


Ixxxviii 


INDEX 


Buchanan,  President,  191 
Budget,  national,  80,  139;  county, 
.276;  State,  299-301;  school  dis- 
trict, 319 

Burgesses,  House  of,  38 
Burr,  62 


Cabinet,  76 

Calaboose,  270 

Campaign,  political,  293 

Cannon,  Speaker,  109,  110 

Cass  County  budget,  276 

Caucus,  289 

Cavour,  quoted,  20 

Census  Bureau,  95 

Charity,  249,  270 

Charles  I,  execution  of,  35 

Checks  and  balances,  60,  101 

Child  labor,  315 

Chisholm  vs.  Georgia,  134 

Choteau,  Pierre,  190 

Church,  16 

Circuit  Courts,  132 

Circuit  Courts  of  Appeals,  132 

Citizen,  definition,  17;  rights  and 
duties,  16  * 

City,  278-285;  home  rule,  278; 
mayor  and  council  plan,  279; 
commission  plan,  283 

Civil  actions,  235;  procedure, 
244 

Civil  service,  71-72;  commission, 
96 

Civil  township,  259 

Clay,  Henry,  63 

Clays,  North  Dakota,  198 

Clerk  of  court,  county,  255 

Cleveland,  President,  65 

Coal,  187,  198 

Colonel,  203 

Colonies,  117 

Commerce  Clause,  115 

Commerce  and  Labor,  Depart- 
ment of,  93, 140 


Commission  plan,  city  govern- 
ment, 283 

Committee  system,  of  U.  S.  Sen- 
ate, 102;  House,  108,  111;  of 
Congress,  121-124;  evils  of,  122; 
benefits,  123;  in  State  senate, 
206;  State  house,  222-223 

Common  law,  35 

Common  schools,  Federal  grants 
to,  157;  State  system  of,  308; 
budgets  of,  319,  See  Educa- 
tion 

Communism,  25 

Compromises  of  Constitution,  46- 
47 

Comptroller  of  Currency,  150 

Compulsory  education,  315 

Confederation,  43-45 

Congress,  113-126;  powers  of, 
114;  output,  125;  committees 
of,  121-124 

Congressional  Library,  95,  96 

Congressional  Record,  125 

Congressional  township,  160 

Connecticut  plan,  46 

Consolidated  school,  308-310 

Constables,  258,  269 

Constitution,  British,  22;  defini- 
tion, 27;  need  of,  27;  British  in 
America,  30 

Constitution,  Federal,  45-49 ;  sign- 
ers, 50-51;  ratification,  48,  51, 
56;  analysis,  54-58;  text,  Ap- 
pendix B,  ix 

Constitution,  State,  171;  analyzed, 

9  171-181;  two  plans,  195;  text, 
Appendix  D,  xxxv 

Constitutional  government,  21 

Constitutional  convention,  Na- 
tional, 45;  State,  194-195 

Consular  service,  79-80 

Continental  Congress,  first,  41; 
second,  42-43 

Conventions,  constitutional  (Fed- 
eral), 45;  (State),  194-195; 
nominating,  289 


INDEX 


Ixxxix 


Cooley,  advice  of,  195 

Cooperation,  farmers',  198 

Coroner,  258 

Corporations,  Federal  tax,  143; 
not  citizens,  156;  protection  of 
by  courts,  166;  franchises,  166- 
167;  State  constitutional  pro- 
visions for,  177-178;  assess- 
ment of  public  service,  305; 
State  tax,  306 

Council,  city,  279     , 

County  courts,  237;  of  increased 
jurisdiction,  237 

County  government,  249;  county 
seat,  251 ;  officers  and  organiza- 
tion, 251,  253,  180;  treasurer, 
254;  sheriff,  255;  superintend- 
ent of  schools,  257;  surveyor, 
258;  boards  of  health,  262; 
poor,  271;  poor  farm,  272;  hos- 
pital, 272;  finance,  276 

Court  of  Claims,  133 

Courts,  Federal,  128;  officers  of, 
135;  State, '229;  officers  of,  230; 
county,  237 

Crawford,  63 

Credit,  definition  of,  147 

Crime,  definition,  235 

Criminal  actions,  235;  procedure, 
243 

Currency,  147-150;  comptroller 
of,  150 


Dakota  Territory,  191 

Deaf  and  Dumb  School,  215, 
273 

Debt,  Federal,  145;  State,  180, 
306;  local  government,  265; 
limit  for  city,  280 

Declaration  of  Independence,  42, 
43 

Declaration  of  Rights  and  Griev- 
ances, 41 


Democracy,    definition,    23;   pure 

and     representative,     23,     24; 

Cavour's    opinion,   20;    Bryce's 

opinion,  20 
Despotism,  21 
Diplomatic  service,  78 
District     courts,     Federal,     132; 

State,  231,  237 
District  of  Columbia,  117 
Dole,  quoted,  241 
Domestic  violence,  155 
Dunn,  quoted,  19 
Duties,  defined,  17;  classified,  17, 

18 


E 


Education,  U.  S.  Commissioner 
of,  90;  provisions  for  in  State 
Constitution,  179;  State  super- 
vision of,  209 ;  local  government, 
249;  cities,  281;  State  system  of, 
308-317;  branches  taught,  314; 
compulsory,  315;  support  of, 
300,  315-317 

Edward  VI,  22 

Elections,  288-295;  frauds,  295 

Elective  franchise,  177 

Electoral  college,  64 

Electors,  qualifications,  294 

Emergency  clause,  225 

Emergency  commission,  205 

Enabling  Act,  193;  text,  Appen- 
dix C,  xxiv 

Enacting  clause,  175,  225 

Equalization,  local  and  State 
Boards  of,  264;  work  of,  264; 
State  Board,  305 

Equity,  134-135 

Error  of  trial  judge,  246 

Executive,  26;  Federal,  55-56, 
59-96;  State,  176,  201-219 

Expenditures,  Federal,  140;  State, 
297;  limit,  298;  objects,  299-300 

Extradition,  156 


xc 


INDEX 


Fairlie,  quoted,  258 
Family,  importance,  18 
Farrand,  quoted,  188 
Federal  courts,  128;  early  weak- 
ness of,  128 
Federalist,  The,  49 
Federal  judges,  130 
Federal  principle,  27,  53,  161-165 
Feeble-minded  Institute,  215,  272 
Fees,  253,  304 
Felony,  235 
Finance,  Federal,  139;  local,  249, 

263;  State,  297-306 
Fines,  304 

Fisheries,  bureau  of,  95 
Flags,  for  schools,  312 
Foreign  affairs,  Department  of,  78 
Forestry,  91;  State  school  of,  215, 

217 

Forfeitures,  304 
Franchises,     as     contracts,     166; 

perpetual,    167;    public    service 

corporations,  281,  285 
Franklin,  46 
Frederick    William    IV,    opposes 

constitution,  22 
Free  coinage,  146 
Free  textbooks,  312 
Functions    of    local    government, 

249,  261-273 


G 


Garfield,  President,  71 

Geological  survey,  90 

George  III,  40 

Gladstone,  quoted,  46 

Gold,  146;  certificates,  147-149 

Good  roads,  U.  S.  Division  of,  92; 
local  government,  249;  State 
system  of,  266-269 

Government,  necessity  of,  15;  na- 
ture, 15;  definition,  16;  kinds, 


16,  20;  miscellaneous  doctrines 
of,  24-26;  branches  of,  26,  39- 
40;  English  background,  30; 
representative,  34,  38;  colonial, 
39,  40,  43;  Revolutionary,  42- 
43;  Confederation,  43;  early 
State,  43;  under  Constitution, 
45;  cost  of,  140-142;  republican 
guaranteed,  155 

Governor,  201,  224 

Grand  jury,  240 

Greenbacks,  147-149 

Guizot,  quoted,  59 


Habeas  Corpus,  238 

Hamilton,  46,  49,  80 

Harrison,  President,  election  of, 
65;  proclamation  of  admission, 
196;  quoted,  44,  67-68,  87,  88 

Hay,  John,  78 

Hayes,  President,  64 

Hay  permits,  302 

Health,  see  Public  Health 

High  school  board,  206,  313 

High  school  inspector,  314 

High  schools,  308,  313 

Historical  Society,  205 

Hold-over  senators,  221 

Homestead,  159 

House  of  Representatives,  Fed 
eral,  54,  106-111 ;  long  and  short 
session,  112;  speaker,  107-110 

House  of  Representatives,  State, 
175,  220-222,  224,  225 

Hudson  Bay  Company,  189 


Impeachment,   Federal,   73,    130; 

State,  175,  180,  205,  225,  231 
Independent  school  district,  310- 

311;  budget,  319-320 


INDEX 


xci 


Indians,     of    Dakota,     89,     187; 

Sioux,     188,     190;     Algonquin, 

188;    Crees,    188;    Grosventres, 

188;   Mandans,    188;   Massacre, 

190 

Individual  nominations,  293 
Indoor  relief,  271 
Industries,    income    from    State, 

304 

Inheritance  tax,  306 
Injunction,  238 
Insane  Asylum,  214,  272 
Insurance  department,  210 
Interest,  on  land  contracts,  303- 

304 

Interior  Department,  87-90 
Internal  improvements,  158 
Interstate  Commerce  Commission, 

96 

Interstate  comity,  155 
Invasion,  155 


Jackson,  President,  63;  and  spoils 

system,  71 
Jail,  265-270 
Jay,  44,  49,  62 
Jayne,  Governor,  192 
Jefferson,   President,  46,   62,   78, 

160 

Johnson,  President,  73 
Johnston,  Alexander,  quoted,  128- 

129 

Judicial  procedure,  234-246 
Judiciary,    Federal,    27,    56,    59, 

128-137;  State,  177,  229-232 
Judiciary  ballot,  229 
Jurisdiction,    of    Federal    courts, 

133-134 
Jury,    system,    238,    240;    grand, 

240;   petty,    241;    criticism    of, 

241 

Justice,  Department  of,  82-83 
Justice  of  peace,  236,  258 


Labor,  Bureau  of,  Federal,  94- 
95;  State,  211 

Labor  tax,  roads,  267 

Land,  179;  granted  in  Enabling 
Act,  193;  grants  to  institutions, 
214-215;  income  and  manage- 
ment of,  301-303 

Land  commissioner,  303 

La  Verendrye,  explorer,  188 

Law,  due  process  of,  33;  common, 
35;  enforcement  of,  204;  special, 
forbidden,  221 

Law  department,  State,  211 

Lawmaking,  Federal,  120-126; 
State,  222,  225,  226 

Legislative  branch,  Federal,  26, 
54,  59;  State,  220-227 

Legislative  reference  library,  226- 
227 

Leonard,  geologist,  quoted,  185 

Lewis  and  Clark,  188 

Licenses,  304 

Lieutenant  governor,  206 

Lincoln,  nomination  of,  63;  ap- 
points first  territorial  governor, 
192;  quoted,  38,  77,  234 

Line,  army,  81 ;  militia,  204 

Live  stock  sanitary  commission, 
212 

Lobby,  224 

Local  courts,  235 

Local  government,  249-273 

Lord  Selkirk,  189 


M 


"Machine,"  289,  290 

McHenry      County      courthouse, 

252 

McKinley,  President,  72 
McVey,  quoted,  190,  234 
Madison,  President,  46,  49,  78 
Magna  Charta,  30-34 


XC11 


INDEX 


Mail,    free    delivery,    85;    sending 

money  by,  86 
Mandamus,  205,  238 
Mandan  Territory,  191 
Manual  Training  School,  308 
Manufactures,  Bureau  of,  95 
Map,  North  Dakota,  182 
Marbury  vs.  Madison,  136 
Marshal,  village,  269 
Marshall,  Chief  Justice,  114,  128, 

136 

Mayor,  279,  281 
Melette,  Governor,  195 
Militia,  180,  203 
Mint,  Philadelphia,  146 
Misdemeanor,  235 
Monarchy,  definition,  20;  classes, 

21-22 

Money,  146-149 
Monroe,  President,  78 
Moses,  theocracy  of,  21 


N 


Nationality,  North  Dakota  pop- 
ulation, 197;  State  legislative 
assembly,  Appendix  F,  Ixxxiii, 
Ixxxiv 

National  banks,  notes  of,  147- 
149-,  150;  system,  149-153; 
weakness  of,  152-153 

National  forests,  91 

National  Guard,  203 

Nativity  of  population,  197 

Naturalization,  256 

Navy,  86;  cost  of,  140 

New  trial,  245 

New  Ulm  massacre,  190 

Nihilism,  25 

Nominations,  288;  need  of,  288; 
methods,  289;  caucus  and  con- 
vention, 289;  primary  election, 
291;  nonpartisan,  293;  inde- 
pendent, 293;  of  judges,  229 

Nonpartisan  judiciary  ballot,  292 


Normal    and    Industrial    School, 

215,  217 

Normal  schools,  208,  215,  216 
North  Dakota,  see  State 
North  Dakota,  battleship,  87 
Northern  Pacific  Railway,  158 
Northern  Securities  case,  137 


Oligarchy,  23 

Organization,  party,  289,  292-293 
Original  jurisdiction,  238 
Outdoor  relief,  271 


Page,  road  expert,  quoted,  268 

Panama  Canal,  117-118,  140 

Parks,  city,  281 

Party,  committees  and  organiza- 
tion, 289-293 

Patents,  89 

Patriarchy,  21 

Pauper  roll,  270 

Pembina,  early  settlement,  184, 
189;  county  courthouse,  251 

Penitentiary,  214 

Pennsylvania,  criticism  of  Fed- 
eral courts,  128 

Pensions,  88;  bills,  126;  cost  of, 
140 

Permanent  funds,  source  and 
control  of,  301-303 

Permanent  school  fund,  source 
and  control,  317 

Persia,  government  of,  22 

Petty  jury,  241 

Philadelphia  convention,  45,  48 

Philippines,  117 

Phillips,  quoted,  241 

Pierce,  President,  77 

Pinchot,  Forester,  91 

Pinckney,  Charles  C.,  62 


INDEX 


xcm 


Pocket  veto,  President,  73;  gov- 
ernor, 202 

Police  and  justice,  courts,  236; 
in  local  government,  249,  269 

Police  power,  167 

"Political  animal,"  15 

Political  parties,  288-295 

Poor  farm,  272 

Population,  Dakota  Territory, 
192;  North  Dakota,  196;  race 
mixture,  197 

Postage,  rates,  85 

Post  office  department,  83-86; 
telegraph  under,  86;  cost  of,  140 

Preamble,  172 

Preemption,  159 

President,  60;  nomination,  60; 
election,  63;  qualification,  term, 
salary,  65;  oath,  66;  powers  and 
duties,  66-73 

Primary  election,  North  Dakota 
law,  291,  100 

Printing  office,  government,  96 

Private  bills,  in  Congress,  110, 
125-126;  in  State  legislature, 
226 

Prohibition,  in  North  Dakota, 
180-181 

Prohibitions,  on  Congress,  119- 
120;  on  States,  180 

Property,  33;  protection  of,  165; 
rights,  234 

Protection,  life  and  property,  234; 
to  American  manufacturers, 
142-145 

Public  administrator,  257 

Public  domain,  156,  179.  See 
Land 

Public  finance,  134-146 

Public  health,  laboratory,  213; 
work  of  local  government,  249; 
control  of  communicable  dis- 
ease, 261 ;  prevention  of  disease, 
262;  vital  statistics,  262;  boards 
of,  State,  214,  263;  county,  262; 
township,  262;  city,  282 


Public    lands,    survey,    88,    160; 

disposal  of,  156.     See  Land 
Public  works,  State,  180 
Pupil,  315 
Pure  food,  Federal  law,  92;  State 

commissioner,  212 


Q 

Quorum,  55,  175 
Quo  warranto,  239 


R 


Railroads,  Federal  aid  to,  158; 
need  of,  190;  Northern  Pacific, 
190,  197;  Dakota  Southern, 
191;  Great  Northern,  191,  197; 
Minneapolis,  St.  Paul,  and 
Sault  Ste.  Marie,  197;  Chicago, 
Milwaukee,  and  St.  Paul,  197; 
State  commission,  210;  assess- 
ment, 305 

Reed,  Speaker,  109,  110,  140 

Reform  School,  215,  270 

Register  of  deeds,  256 

Religious  liberty,  193 

Rent  of  land,  State,  302 

"Repeating,"  295 

Republic,  definition,  24;  examples, 
24;  France  and  United  States 
compared,  28 

Revenue,  Federal,  141;  for  1908, 
143;  collection  of,  145;  State, 
180;  proper  sources,  297; 
sources,  300-301;  from  U.  S., 
301;  investments,  301;  interest, 
301;  land,  302;  industries,  304; 
fines,  forfeitures,  fees,  and  li- 
censes, 304;  taxation,  304 

Rights,  definition,  17;  classifica- 
tion, 17;  personal,  33,  234; 
property,  33,  234;  petition,  33; 
English,  30,  36,  39 


XC1V 


INDEX 


"Ring,"  289-290 

Roads,  266-269 

Rolette,  189 

Roosevelt,  President,  77,  93 

Rules,  committee  on,  House  of 
Representatives,  111;  State  leg- 
islative assembly,  224 

Russia,  government,  21;  nihilism 
in,  26 


S 


/Salary,  Federal  officers,  see  re- 
spective officers;  State  officers, 
governor,  201;  lieutenant  gov- 
ernor, 206;  other  officers,  209 

School  age,  315 

School  board,  312 

School  district,  types  of,  309-311; 
budgets  of,  319-320 

School  lands,  see  Land 

School  of  Forestry,  State,  308 

School  of  Mines,  214,  216,  308 

School  of  Science,  217,  308 

Schools,  support  of,  315-317; 
branches  taught,  314;  State 
system  of,  308-317.  See  Edu- 
cation 

Secretary  of  State,  Federal,  77; 
State,  209 

Senate,  Federal,  54,  99-104;  com- 
mittees of,  102;  nomination  of 
Senators,  293 

Senate,  State,  175,  220-222,  224, 
225 

"Senatorial  courtesy,"  70 

Sheriff,  269 

Silver,  146;  certificates,  147-149 

Slavery,  47 

Smith,  Adam,  quoted,  139 

Smith,  Harlan  I.,  quoted,  188 

Smoot,  Senator  Reed,  102 

Socialism,  25 

Society,  defined,  16 

Sociology,  16 

Soldiers'  Home,  215 


Sovereignty,  defined,    16;  resides 

where,  28 
Speaker  of  House,  107,  108-110; 

Reed,    109-110;   Cannon,    109- 

110 

Special  assessment,  280 
Spoils  system,  71 
Staff,  army,  81;  militia,  203-204 
Stamp  Act  Congress,  30,  41 
Starch  subsidy,  300 
State,   definition,    16;   origin,    18; 

relation    of    States    to    nation, 

155-169;    sovereignty   of,    161; 

police  power,  167;  functions  of, 

297 
State    (North    Dakota),    location 

and  area,  183;  topography,  183; 

Bad  Lands,  184;  climate,  185; 

resources,  187,  198;  exploration, 

188;  settlement,  189;  admitted 

to  Union,  196;  institutions,  214- 

215;  industries  of,  297,  300;  aid 

to  High  Schools,  313 
State  Board  of  Equalization,  305 
State  Board  of  Health,  214,  263 
State    Conservation   Commission, 

206 

State  High  School  Fund,  316 
State  institutions,  214-215 
State's  attorney,  204,  256 
State     Tuition     Fund,     315-316. 

See  Permanent  School  Fund 
State  University,  214,  308 
Street  car  company,   assessment 

of,  305 
Street  railway,  owned  by  State, 

297,  300,  304 
Subsidies,  299-300 
Subtreasury  system,  146 
Suffrage,    in   colonies,    40;   State, 

177-178 

Sugar  beet  subsidy,'  300 
Superintendent  of  Public  Instruc- 
tion, 209 

Support  of  schools,  315-317 
Supreme  Court,  Federal,  130-132; 


INDEX 


xcv 


State,     229;     procedure,     239; 
declaring  statutes  void,  246 


Twine  plant,  State,  297,  300,  304 
Tyranny,  defined,  21 


Taft,  President,  73 

Tariff,  141,  142,  144-145;  on 
sugar,  144 

Taxation,  in  Magna  Charta,  31; 
counting  slaves  for,  47;  Federal 
power  of,  114-115;  direct,  119; 
indirect,  141-143;  whisky,  142; 
beer,  142;  tobacco,  143;  corpo- 
rations," 143;  paid  by  whom, 
143-145;  State,  180;  system  and 
machinery,  263-265,  304-306, 
315-316 

Teacher,  314;  teachers'  institute, 
314 

Telegraph,  86;  assessment,  305 

Telephone,  198;  assessment,  305 

Theocracy,  21 

Town  meeting,  minutes  of,  38,  39 

Township,  civil,  organization  of, 
180;  government  and  officers, 
249,  259;  board  of  health,  262 

Township,  congressional,  160-161 

Trade,  restrictions,  40,  41 

Treasurer,  State,  209 

Treasury  Department,  80 

Tree  bounty,  300 

Trustees,  State  institutions,  203; 
public  property,  205 

Trusts,  93-94 

Tuberculosis  Sanitarium  Board, 
205 

Turkey,  21 


U 
University,  214,  216 


Veto,  by  President,  72,  73;  pocket, 
73;  by  governor,  202,  224 

Vice  President,  73 

Village,  249-260 

Virginia,  reply  to  Pennsylvania, 
129-130 

W 

Wall  Street,  81 

Wanamaker,  Postmaster-General, 

84 

War  Department,  81 
Washington,  President,  44,  45,  46, 

48,  49,  62,  86,  137 
Weather  Bureau,  90 
Webster,  78 
West  Point,  82 
Whisky  tax,  142 
Wilson,  Woodrow,  quoted,  99 
Wolf  bounty,  300 
Workhouse,  county,  269 


Yankton,  capital,  192 


UNIVERSITY  OF  CALIFORNIA  LIBRARY, 
BERKELEY 


THIS  BOOK  IS  DUE  ON  THE  LAST  DATE 
STAMPED  BELOW 

Books  not  returned  on  time  are  subject  to  a  fine  of 
50c  per  volume  after  the  third  day  overdue,  increasing 
to  $1.00  per  volume  after  the  sixth  day.  Books  not  in 
demand  may  be  renewed  if  application  is  made  before 
expiration  of  loan  period. 


AUG  3    192 


15m- 12, '24 


YB  08464 


£-^-0 


25795? 


